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UNITED STATES OF AMERICA. 



ELEMENTS OF CIVIL GOVERNMENT 



OF THE 



STATE OF ILLINOIS 




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THE ELEMENTS 



CIVIL GOVERNMENT 

OF ILLINOIS 



A Brief Outline of the Political History 

of the State to the Adoption 

of the Constitution 



BY 



HERBERT J. BARTON, A.M. 



University of Illinois 




7 



JlffX 



SILVER, "BURDETT & COMPANY 

New York BOSTON Chicago 
1892 




Copyright, 1892, 
By SILVER, BURDETT & COMPANY. 



Typography by J. S. Cushtng & Co., Boston. 
Pkesswork by Berwick & Smith, Boston. 



PREFACE. 



The time evidently is at hand for a forward movement of the 
educational forces of this State in the line of a more formal 
endeavor to make a good citizen. Hitherto it seems to have 
been assumed that no distinctive instruction in citizenship was 
necessary, but that there was a potency in the spelling book 
and the other branches commonly taught which was sufficient, 
although it is a matter of everyday observation that a man 
may be even highly educated and still a very poor citizen. To 
this lack of familiarity with the spirit and form of our govern- 
ment can doubtless be traced no small part of the political 
indifference of our day. 

To win this battle for good citizenship many forces may be 
called into action, but none are more prominently before the 
teachers than what may be called the tactics of good citizen- 
ship ; namely, Civil Government. 

It is commonly supposed that while this study is not found 
in our grammar schools, yet it is pursued by a large number of 
our high school pupils. But the truth is, that in more than 
one-half of our high schools it is studied in the last part of the 
course when the numbers are small, and in many high schools 
is not studied at all. It would seem evident that it should be 
studied in the first year of all our high schools, and more than 
this, that it should be found in the eighth grade of our graded 
schools and in the higher classes in our ungraded schools. It 

3 



4 PREFACE. 

would seem to be a very reasonable position that to know how 
we are governed and to get some little idea of the spirit of our 
institutions is of the utmost importance. 

If the practical is to be pleaded, nothing could be more so 
in this land of elections. The incentives that made the Pilgrim 
and Puritan good and patriotic citizens, have gone ; the relig- 
ious republic has gone. Surely in its place we should adopt 
something specific as they did, and not rely wholly on the 
ordinary branches. 

And when we come to our own State, what more splendid 
theme to arouse and interest the pupil and fill him with enthu- 
siasm, with the sentiment of patriotism and pride of citizenship, 
than our wonderful past, our wonderful present, and the pros- 
pects of our wonderful future. No past is fuller of interest. 
The fiery zeal of the Jesuit is a theme for constant wonder. 
Our dominion is well-nigh an empire. Our resources are al- 
most boundless. Next year we welcome to the second city of 
our country representatives from the civilized world, — a city 
that in its growth and resources is perhaps the most wonderful 
phenomenon of our present century. 

This is history, but most closely connected with it is the civil 
polity of nearly four millions of people, and how they are gov- 
erned so as to produce the freedom of the individual and the 
freedom of the State. To implant in the minds of our pupils 
a deep love for our institutions and an intelligent understand- 
ing of their form, is surely a teacher's high duty and privilege. 

That these pages may be of some service to our noble guild 
of teachers in educating the American citizen now in their 
schoolrooms is my sincere wish. 

HERBERT J. BARTON. 

University of Illinois, June, 1892. 



CONTENTS. 



CHAPTER I. 

PAGE 

The Early Settlers and how they were governed . 7 



CHAPTER II. 

The Town 14 

I. The Contest between Town and County Government . 14 

II. The Executive Department . . . . 17 

III. The Judicial Department ...... 24 

IV. The Legislative Department : The Town Meeting . 26 

CHAPTER III. 

The County ' . . -32 

I. The Legislative Department . . . . 32 

II. The Executive Department . . . . -35 

III. The Judicial Department ...... 38 

CHAPTER IV. 

The State 43 

I. The Legislative Department . . . . -43 

II. The Executive Department . . . . 56 

III. The Judicial Department ...... 65 



CONTENTS. 



CHAPTER V. 



Cities and Villages . 

I. Cities — Legislative Department 
II. The Executive Department 
III. The Judicial Department . 



Villages 



PAGE 

70 
70 

71 

72 

73 



CHAPTER VI. 



Our School System .... 

I. The School Fund 

II. The District .... 

III. Boards of Education . 

IV. The Trustees and Treasurer 
V. The County Superintendent 

VI. The Superintendent of Public Instruction 

VII. The State Educational Institutions . 



74 
74 
76 

77 
78 
80 
81 
82 



CHAPTER VII. 
The State Charitable, Penal, and Reformatory Insti- 



tutions 

I. Charitable Institutions 
II. Penal and Reformatorv Institutions . 



. 84 

• 84 

• 85 



CHAPTER VIII. 



The Election Law 



87 



THE 

CIVIL GOVERNMENT OF ILLINOIS. 



-3-j'^J^C^- 



ERRHTK, 

Page 31, line 32.— for "twenty" read " twenty-one." 

Page 36, line 12. — for "county'' read '''general." 

Page 59. line 19. and first three words of line 20,— read "certify to 
the county clerks the nominations that have been legally made." 



8 CIVIL GOVERNMENT OF ILLINOIS. 

yet a separate colony, nor Delaware.' Penn had not 
come to America ; it would be sixty years before Ogle- 
thorpe should found Georgia. Along the Atlantic sea- 
board were settlements that had not yet fought and 
conquered King Philip. It would be more than a hun- 
dred years to the Declaration of Independence. In 
1673, began a movement of French missionaries that is 
one of the most wonderful facts of history. The French 
were in Canada more than a hundred years before, yet 
they had accomplished little. Quebec was founded the 
next year after Jamestown, but the vast country tribu- 
tary to the St. Lawrence was but little known. The 
French engaged in the fisheries and the fur trade while 
the Pilgrims and Cavaliers were building up Boston and 
Jamestown. Now the policy changes. The mission- 
aries push out from the St. Lawrence and the Great 
Lakes and add all the vast Mississippi valley to the 
dominions of the King of France, by right of discovery. 
There is no more wonderful story of devotion to relig- 
ion and country than these men give us. The most 
terrible privations that can be imagined ; tortures at 
the hands of Indians so awful as to seem well-nigh in- 
credible ; death itself was as nothing, so that they might 
baptize and save the natives. 

Within our State, they formed settlements at Caho- 
kia, Fort Chatres, Kaskaskia and St. Louis, now called 
Starved Rock. The government was entirely in the 
hands of the priests, and the country was considered 
as a part of Canada. The population increased very 
slowly and in marked contrast with the growth of the 
English settlements along the Atlantic. In 1712, the 
territory that is now Illinois was united with the French 



THE EARLY SETTLERS. 9 

possessions in the southern part of the Mississippi 
valley, and all was conferred by the King, Louis XIV., 
upon Crozat, a merchant of large experience and great 
wealth. This was done with the idea that the wealth 
of the country was great, and that the new manager 
could turn over large sums into the depleted treasury 
of the King. Crozat, after five years of failure, sur- 
rendered his charter. At that time, the white popula- 
tion of Illinois was less than three hundred. From 171 7 
to 1732, Illinois was a part of Louisiana, but under the 
government of the Company of the West. In 1732, 
that company surrendered its charter, and henceforth 
until the close of that great struggle for supremacy in 
North America which was brought to an end on the 
Plains of Abraham, Illinois was governed by men 
appointed by the Crown. For more than thirty years, 
under royal governors, the people lived in peace and 
contentment. The rural simplicity of life described by 
Longfellow in " Evangeline " was true of them. " No 
regular court was held in the country for more than a 
hundred years or until its occupation by the English. 
The governor, aided by the friendly advice of the com- 
mandants and priests of the villages, either prevented 
the existence of controversies or settled them when they 
arose without a resort to litigation." 1 Surely this is 
very good proof that the government was well and 
wisely administered. 

By the Treaty of Paris, signed in 1763, the entire 
French possessions in North America passed out of 
the hands of their former owners. Thus was decided 
that most momentous question as to whether French or 

1 Davidson and Stuve, " A Complete History of Illinois." 



10 CIVIL GOVERNMENT OF ILLINOIS. 

English civilization should have the mastery in North 
America. The last organized movement made at this 
time against the English was the conspiracy of Pontiac. 
This only delayed the occupation of the country, and on 
the ioth of October, 1765, the flag of France was low- 
ered from Fort Chatres, the last French post in what 
is now the State of Illinois. 

We are now near those times which mark distinctly 
the birth of our republic. The foolish persistence of 
the English home government was soon to lead to our 
Declaration of Independence, and it would be of great 
importance to the States joining in that Declaration, 
whether the Mississippi valley was friendly or hostile. 
If hostile, it would be a place from which there would 
issue expeditions to attack our extreme western settle- 
ments ; if friendly, that danger was not to be feared. 

As the war of the Revolution progressed, it was 
manifest that the Indians in the valley were incited 
against the Americans by English agents at the old 
French towns, and so it occurred to a brave soldier, 
Colonel George Rogers Clark, to attempt to capture 
these posts. Clark was a Virginian, and hence applied 
to Patrick Henry, then governor of that colony. 
Henry aided him to the extent of ^1200 in depreciated 
currency. He also had the encouragement of Jefferson. 
With only 153 men, Clark sailed down the Ohio, to a 
point about 120 miles from Kaskaskia, and then march- 
ing across the country, captured this town on the 4th 
of July, 1778. He took Cahokia shortly afterwards. 
Vincennes on the Wabash in Indiana was next captured, 
only to be recaptured by the British, and then again it 
was stormed and captured by Clark at the close of one 



THE EARLY SETTLERS, 1 1 

of the most remarkable marches anywhere recorded. 
Clark's campaign marked him as a general of com- 
manding ability, and he was styled the " Hannibal of 
the West." It will be noticed that the capture of these 
posts gave the Colonies, at the close of the Revolution, 
a good claim to the territory that these posts com- 
manded. Clark's services to our country can scarcely 
be overstated. 

Inasmuch as Colonel Clark was a Virginian, Virginia 
considered the territory acquired as a part of her domain. 
She also considered it hers by grant of King James to 
the London Company in 1609. This grant was from 
a point 200 miles north and a point 200 miles south of 
Point Comfort, and thence running " west and north- 
west from sea to sea." It would seem that without 
question this was intended to include Illinois. So Vir- 
ginia secured by this campaign what she claimed as 
her own by grant. It should, however, be stated that 
this grant was in part disputed by both Massachusetts 
and Connecticut, for their charters also gave them ter- 
ritory " from sea to sea," and in the extension of their 
north and south lines, they claimed some of the terri- 
tory assumed to be in Virginia's grant. From 1778 to 
1787, Illinois formed a part of the County of Illinois, 
and was governed as a part of the possessions of Vir- 
ginia. In 1787, the conflicting claims to the territory 
northwest of the Ohio being settled, and all the land 
being ceded to the Confederation, the Northwest Terri- 
tory was organized, of which Illinois formed a part. 

General St. Clair was the first governor, and con- 
tinued in office until the Territory was divided in 1800. 
Then most of what is now Illinois, Indiana, Michigan, 



12 CIVIL GOVERNMENT OF ILLINOIS. 

and Wisconsin was formed into the Territory of Indiana, 
and William Henry Harrison was the first governor. 
In 1809, Illinois and Wisconsin were organized into the 
Territory of Illinois. Ninian Edwards was the first 
governor. 

The War of 18 12 soon followed, and Illinois suffered 
severely at the hands of the Indians. Soon peace came, 
and w T ith it prosperity. Now Illinois began to aspire 
to statehood, and in 18 18 she was admitted to the 
Union. Let us follow the steps by which the admis- 
sion was accomplished. In January, 18 18, the Territo- 
rial Legislature petitioned Congress that Illinois be 
admitted to the Union, and on April 18, Congress 
passed what is called "an enabling act." The first para- 
graph is as follows : " Be it enacted by the Senate and 
House of Representatives of the United States of 
America in Congress assembled, That the inhabitants 
of the Territory of Illinois be and they are hereby author- 
ized to form for themselves a constitution and state gov- 
ernment, and to assume such name as they shall deem 
proper, and the said state when formed shall be ad- 
mitted to the Union upon the same footing as the 
original states in all respects whatever." 

The counties of the Territory, fifteen in number, 
were authorized to meet in convention of thirty-three 
delegates to form a constitution. These fifteen coun- 
ties were all in the southern part of the Territory, and 
were as follows : Bond, Crawford, Edwards, Franklin, 
Gallatin, Jackson, Johnson, Madison, Monroe, Pope,* 
Randolph, St. Clair, Union, Washington, and White. 
The convention met and framed the constitution of 
1818. 



THE EARLY SETTLERS 1 3 

An election was held in accordance with this consti- 
tution in September, 1818, and the State government 
was organized at Kaskaskia in the following October. 
Shadrach Bond had been elected governor; Ninian 
Edwards and Jesse B. Thomas were elected senators ; 
judges were elected, and so the machinery of the State, 
legislative, executive and judicial, was set in motion. 
It will be noticed that in the first section of the " enab- 
ling act" Congress made a conditional promise to admit 
the Territory. As the conditions had been fulfilled, on 
December 3, 18 18, Illinois was admitted as one of the 
United States. How many States in the Union before 
her? 

To this point, we have traced the history of our 
State from the times of the Jesuits. We have seen 
religious zeal explore her plains. Forts have been 
built; towns have been founded, and trade opened with 
the lower Mississippi ; we have seen the mild govern- 
ment of the priest and commandant, and the people 
and Indians happy and contented. So far as one could 
then see, there was to be a mighty French empire in 
the valley of the Mississippi. Almost in an instant all 
this is changed, and in the place of the French comes 
the English. The western world is to be English in 
civilization and language. But this is not all. It is to 
be American, and so all this great valley passes from 
the control of England, and Illinois, once the posses- 
sion of the French and then of the English, becomes in 
turn our home. 

We are now ready to study the way Illinois is gov- 
erned. 



14 CIVIL GOVERNMENT OF ILLINOIS. 



CHAPTER II. 

THE TOWN. 

I. 

THE CONTEST BETWEEN TOWN AND COUNTY GOVERNMENT. 

Our State is divided into counties, the counties into 
towns, and the towns into school districts. If we have 
never thought how government of any particular kind 
is first developed, we very likely would say that the 
State was first established, after that the county, then 
the town, and last of all the school district. Yet we 
find that the reverse is usually the case. Our system 
of government is modeled quite closely after that of 
New England, and it may be well to consider how the 
Pilgrims and the Puritans governed themselves. Even 
before this is stated, we must remember that these same 
settlers of Massachusetts brought with them their ideas 
of government from the old world. History tells us 
that they were very democratic ; that is, they were firm 
believers in local government. Where did they get this 
idea ? From old England and from their Saxon ances- 
tors. Local self-government is best carried on in the 
town, and so it happened that when the settlers came 
to Massachusetts, they immediately formed themselves 
into little settlements which they called towns, and 
meeting together for council and protection as well as 



THE TOWN. 15 

to establish a government for the few families near 
together, they called the meetings "town meetings." 
So the town was the unit, and from this, going in one 
direction, came the county and the State ; going the 
other, the school district. So we may think of the 
county as a number of towns, the State as many more 
towns, and the school district as a part of the town. 

It will be well to consider this town, for it seems to 
be one of the best ways yet devised to govern small 
communities. 

We have said that the people met in town meeting. 
What is the fundamental idea in this ? That every one 
should have the right to express his opinions and to 
vote on all public matters that come up for decision. 
Perhaps this seems a matter of no great importance, 
but this very privilege is of great value. The town 
meeting is a school where the matters that concern the 
town are talked over, studied, and learned. Each is the 
teacher of every other one, and it is a great power to 
raise a man, if he can say something that is of some 
benefit to his townsmen, and in turn can learn some- 
thing from his friends that may be of benefit to him. 
He can vote as he desires. To vote is the highest priv- 
ilege that a citizen can enjoy, and it should have a ten- 
dency to make a citizen better from the very fact that 
he does vote. 

This careful discussion of town matters is not seen 
now in our larger places, for the discussion is carried on 
in the newspapers, or voters are careless about the busi- 
ness that is to be voted on ; but when the old New Eng- 
land town meeting idea is fully carried out, it is a source 
of benefit to all the citizens. 



1 6 CIVIL GOVERNMENT OF ILLINOIS. 

This system of towns and town meetings spread all 
over New England, but in Virginia and the South, the 
unit was, for purposes of government, not the town, but 
the county. 

You will remember that the State of Illinois was 
granted by the Crown to a company of men who settled 
in Virginia. This was the inference and the claim from 
the grant. It was natural that the Virginia way of 
government, or, if you please, the Virginia unit, should 
control in the new State. This was the way matters 
actually came out. The Territory of Illinois was organ- 
ized gradually into counties, but the counties were not 
divided into towns as in New England. The county was 
the unit of government, and remained so for some time. 
Meanwhile the contest was being carried on between 
the town idea and the county idea. Which was the 
best unit for government ? In the South the county 
unit was preferred ; in the North, the town. So at the 
North, the town meeting was everywhere known; at the 
South, it was unknown. Illinois was settled by people 
from both the North and the South, and so we may say 
that our State was a battle-ground for the two ideas of 
government. The town had come to have so many 
friends that, in the constitution of 1848, the people 
were given local option as to what the unit should be. 
That is, in that constitution, the General Assembly 
were directed to pass a law by which each county might 
have town government if a majority of the voters de- 
sired it. The present constitution contains a similar 
provision. So the Puritans' town meeting had gained 
permission to live in the great State of Illinois. Town 
government was soon adopted by many counties, until 



THE TOWN. 



17 



now there are only twenty-one which retain the Virginia 
system. 

Except in one particular which will be soon men- 
tioned the town is the unit for local government in 
eighty-one counties of our State. We will suppose that 
our unit has a population of 1000 and will represent 
it thus : — 



THE TOWN. 



II. 



THE EXECUTIVE DEPARTMENT. 



It is evident that there must be some one to be the 
head man of this thousand, who will do the most im- 
portant business for it. We will call him a supervisor. 
In New England, the people call him a selectman. 
What is his business ? First, he must act as treasurer 
of all town money except the school fund, and the high- 
way and bridge fund ; he must look after the town 
paupers ; he must post up the election notices he re- 
ceives from the county clerk ; he must report to the 
town board of auditors on Tuesday before the annual 
town meeting all sums of money received and paid out 
by him during the year. Is such a provision wise ? 
Besides, the supervisors of all the towns in the county 



1 8 CIVIL GOVERNMENT OF ILLINOIS. 

are required to meet in session twice a year, and such a 
body is called the county board of supervisors. 

The supervisor must also carry on any law suits that 
are necessary to secure any fines or penalties due the 
town. He receives $1.50 per day when working inside 
the limits of the town, and $2.50 per day when work- 
ing outside. 

If our supervisor shall refuse to perform his duties, 
the law provides as follows : " If any supervisor shall 
refuse or shall wilfully neglect to perform any of the 
duties of his office, he shall forfeit to the town the sum 
of $50 and shall be disqualified to act as supervisor. ,, 

If our town has more than 4000 inhabitants, there 
is one " assistant supervisor" for each additional 2500. 
The name is hardly indicative of the duties of the office, 
for in the town the assistant supervisor has no duties 
at all except to act as a member of the board of health. 
In the county board of supervisors, he has equal rank 
with the rest. Supervisors are elected once in two 
years. 

But are these duties laid upon the supervisor all that 
our town will need to have performed ? Shall we need 
other officers ? Yes. First, records must be kept, and 
so the town must have a book-keeper. A town with- 
out records would be like a business man without books. 
This book-keeper is called the town clerk, and he is 
elected annually in town meeting. 

What are his duties ? 

First, as he is a clerk, we shall expect him to keep a 
record for the one who employs him, the town. This he 
does. Whenever the citizens meet in town meeting, 
he records the proceedings ; and if officers are elected, 



THE TO IV AT. 1 9 

he must send a list to the county clerk within twenty 
days. He must post notices of the town meetings, 
written or printed, in three of the most public places in 
the town ten days before the meeting, and also have a 
notice published at least once before the meeting in a 
local paper, if one is published in the town. He must 
also act as a member and clerk of the town board of 
auditors, of which we shall speak a little later. He is 
clerk also of the highway commissioners and of the 
board of health. He also does what we should expect 
of a clerk, — he takes care of the books, and records 
and papers of the town. He sees to the printing and 
distributing of ballots in town elections. On or before 
the second Tuesday of August he must send to the 
county clerk a statement of the amount of taxes to be 
raised in town for that year. He is elected for one 
year. 

Thus far our unit, called the town, has had use for 
two officers. Does she need more? Clearly; for no 
provision has yet been made to collect what money the 
town may vote to raise. These iooo people have started 
housekeeping on a large plan, and they must have a 
good deal of money. Suppose they have voted to 
raise so much money by taxation ; some one must have 
the duty placed on him of apportioning and collecting 
it. The town clerk might do it. He is not usu- 
ally overburdened with work, but the people of New 
England, from whom we copied so much, preferred 
to have special officers to apportion and collect the 
money. 

If our iooo people are to raise $3000, each tax-payer 
might be called on to pay perhaps $15, and that would 



20 CIVIL GOVERNMENT OF ILLINOIS. 

be a very quick and and also a very unjust way out of 
the matter. Why would it be unjust ? 

So the town makes what is called an assessment, and 
the officer who does this is called an assessor. That is, 
he makes an estimate of each man's property, valued 
usually from a fourth to a half of what the property is 
considered actually worth. When is this assessment 
made ? But this is only a part of what must be done. 
The county clerk must take this assessment and find 
each man's tax and then this must be collected. The 
town meeting elects a man to collect this tax and calls 
him a collector. Frequently the same one is elected 
both assessor and collector. As soon as the collector has 
collected the tax, he is to pay it over to the proper per- 
sons. The town must have schools, and so some of the 
tax will be paid by the collector to the treasurer of the 
school fund ; roads and bridges must be cared for, and 
so a part of the tax is paid to the treasurer of the men 
who care for the roads, that is, the highway commis- 
sioners. That part of the tax raised for general purposes 
goes to the supervisor. The collector and assessor are 
elected annually. 

We have just spoken about schools. Our Puritan 
ancestors were very anxious to have good schools. One 
of the first things they did was to establish them. The 
town cared for them. But, in this particular, we have 
not followed their example. It would simplify matters 
very much if the town was the unit for school matters, 
but it is not ; that unit is the township. Our State was 
first surveyed into what are called congressional town- 
ships for the purpose of facilitating the description and 
transfer of land; then these " congressional townships'' 



THE TOWN. 21 

were made school townships by State law. After a 
time, in most counties the town was organized, but it 
did not have anything to do with school matters. These 
are still Jiandled by the toivnsliip. Or, to state it another 
way, the township was changed into a town in every 
particular except as regards schools. In this respect it 
is still a township. When townships were changed 
into towns, in most cases the area embraced was exactly 
the same. In some cases it was not. Where it is the 
same, the election of the officers of the school town- 
ship occurs on the same day as that of the town ; if 
not, on the second Saturday of April. 

Keeping this in mind and remembering all the w^hile 
that when the town meeting is called upon to elect 
three trustees of schools, it is really voting as a town- 
ship and not as a town, we add these to the officers to 
be elected. Their duties will be given when speaking 
of the school district. 

We have seen that our unit of iooo persons has thus 
far found it necessary to have a supervisor, a book- 
keeper, called a clerk, a collector, an assessor, and three 
trustees of schools. What other interests are to be 
seen to ? Can you suggest ? Perhaps it may be said 
that all the other interests of the town might be cared 
for by the supervisor, but this was not the New Eng- 
land idea. They were so democratic that the offices 
must be divided among many and not concentrated in 
the hands of a few. 

We have not provided any one to look after the roads 
and see that they are kept in repair. The benefit of 
good roads can scarcely be overestimated. How many 
days in a year do you suppose the roads of Illinois are 



22 CIVIL GOVERNMENT OF ILLINOIS. 

impassable ? The town elects three men called high- 
way commissioners to see to its roads. They might with 
propriety be called supervisors of roads. They must 
elect one of their number treasurer ; we have heard of 
him when studying about the collector. They have 
power to divide the town into a suitable number of 
road districts ; they can build bridges or repair them ; 
can lay out, vacate, or repair roads ; assign the people 
to certain places to work on the roads ; they take pos- 
session of scrapers, plows, and all other tools belonging 
to the town, and give direction to the overseers of high- 
ways. They can levy and collect a road tax or see that 
it is " worked out." This tax cannot be over forty cents 
on $100, unless by vote of town in town meeting; and 
then it cannot be over sixty cents. Finally they must 
report to the board of town auditors once a year, giving 
a complete account of work done and money expended. 
They are elected for a term of three years, one being 
elected each year. 

We have said that the commissioners elect one of 
their number treasurer. The law provides that "the 
treasurer so chosen shall receive and have charge of all 
moneys raised in the town for the support and main- 
tenance of roads and bridges. He shall hold such 
moneys at all times subject to the order of the commis- 
sioners of highways, and shall pay them over on their 
order or a majority of said commissioners, and not 
otherwise." 

We have used the term "overseers of highways." 
Perhaps it would seem that no other officers are needed 
to look after the highways, but we find that the com- 
missioners appoint as many overseers of roads as there 



THE TOWN. 23 

are road districts in the town. Now as every able- 
bodied male between the ages of twenty-one and fifty is 
required to work on the highways in the district in 
which he lives from one to three da^s, unless he prefers 
to pay his tax in money at the rate of Si. 50 for a day's 
work, there must be some one to see to this matter and 
see that the tax is "worked out" or the money paid. 
The overseer does this work. He notifies the persons 
from whom road work is due, when they are to work 
and where. He must give the persons three days' 
notice. And, finally, he must repair and keep in order 
the highway in his own district. In this connection we 
must speak of two other officers that are found neces- 
sary in towns. The first is a pound master. He is 
elected at town meeting, or it is arranged that he may 
be appointed. There may be more than one. He is to 
have charge of the pound, and shut up the stock run- 
ning at large, and hold it until the owners pay costs and 
take charge of the stock. The other officer referred to 
is a commissioner of Canada thistles. He is appointed 
by the board of auditors for a term of three years, and 
is paid S2 per day while employed. His duty is to 
destroy the Canada thistles found growing in the town. 
He must make an annual report before the first of 
November to the supervisor. 



24 CIVIL GOVERNMENT OF ILLINOIS. 

III. 

THE .JUDICIAL DEPARTMENT. 

Our town has not yet provided for a department of 
justice. In the best state of society men will violate 
law, and it is not to be supposed that in our town of 
iooo it will be different. So the town appoints officers 
called justices of the peace to see that the laws are 
obeyed. It chooses officers called constables to carry 
out the orders of the justices. 

In our town it is quite certain that some one will think 
he has been wronged in some matter and will want to 
go to law about it. If the sum in dispute is not more 
than $200, the justice may try the case. This is called 
a civil suit. 

But suppose that some one commits what in law is 
called a misdemeanor, which can be.punished by fine only 
and this not to exceed $200, or suppose that an assault 
or an assault and battery are committed ; then also the 
justice may try the case and it is called a criminal suit. 
By misdemeanor is meant an offence for which a per- 
son cannot be put to death nor sent to the penitentiary. 

By assault is meant the ability and the attempt to 
injure another; by assault and battery, the unlawful 
touching of the person of another. So the justice may 
have quite important matters to decide. The peace 
and good order of the community will depend in a 
measure on his faithfulness. But this is not all. Sup- 
pose a burglary has been committed in the town, and 
some one has been arrested for it. He is taken before 



THE TOWN. 25 

the justice, and if the latter has reason to think him 
guilty, he sends him to jail ; or if the accused can obtain 
bail, the justice usually " admits to bail" as it is called. 
It may be that the person is accused of so great a crime 
that he will not be admitted to bail. 

By bail is meant that one or more persons pledge 
themselves to pay a certain sum into the public treas- 
ury if the person bailed does not appear in court at a 
stated time. The accused is then free until the time 
stated, when he must appear in court or " forfeit his 
bail." When the grand jury meets at the next term of 
court, he is either indicted or set free ; if indicted he is 
tried by the court. 

But who shall see that the orders of the justice are car- 
ried into effect? The person is called a constable. He 
is to execute all the orders of the justice or other magis- 
trates, and is also to act as a policeman in arresting all 
persons whom he sees breaking the law. Our town 
will therefore elect at the annual town meeting two 
justices of the peace and two constables. If the popu- 
lation should increase, more would be needed ; and so 
one justice and one constable are added for each addi- 
tional thousand in population above 2000, until the num- 
ber reaches five. Both justice and constable are elected 
for four years and are paid by fees prescribed by law. 

But if the county does not have township organization, 
you will wish to know how the local judicial matters are 
managed. In such a case the unit is not a portion of 
the county but the county itself ; still, for convenience, 
the county commissioners divide the county into election 
precincts for general election purposes, and these elect 
constables and justices precisely as towns do. 



26 CIVIL GOVERNMENT OF ILLINOIS. 



IV. 



THE LEGISLATIVE DEPARTMENT. 

The Town Meeting. 



<!> • 



We have heard much of the town meeting and shall be 
interested to know how it is conducted and what powers 
it has. As preliminary to the meeting, we have found 
that the town clerk has a certain duty. What is it ? 

This done, on the first Tuesday of April in each year, 
the voters of our town will meet in town meeting. At 
some time between eight and nine o'clock in the fore- 
noon, the clerk calls the meeting to order. He acts 
as temporary chairman until the moderator or regular 
presiding officer is elected. This is done at once. The 
clerk, as we have learned, must record the proceedings. 
We must also be sure that the voting is done honestly ; 
and so the supervisor, assessor, and collector, with the 
moderator, are made judges of election, and together 
they conduct the election. Our iooo people speaking 
through their legal voters have elected a moderator. 
He must now take an oath to faithfully discharge his 
duty. The clerk must produce a suitable ballot box, 
and then the business of the day begins. This box 
must be shown to be empty before balloting and is 
then locked. What officers are to be elected ? They 
have been given. Enumerate them. Before the day 
of meeting, booths or stalls have been erected ; and in 
each is a shelf at a convenient height, and, on the shelf, 
pen, ink, and pencils for marking ballots. 



THE TOWN, 27 

In the front of each booth is a door or curtain to in- 
sure secrecy in voting. Let us suppose that the voting 
begins. Who may vote ? All males who are of age 
and have lived in the town thirty days, 1 in the county 
sixty days, and in the State one year. Suppose a voter 
wishes to cast his ballot. He comes to the judges and 
they give him a ballot ; he passes within one of these 
booths, marks his ballot in a way that will be described 
more fully hereafter, and then passes out, hands his 
ballot folded to a judge of election, and thus has voted, 
if he so desired, for all the officers that are to be elected. 
Instead of all voting at one place in large towns, voting 
may be carried on in several places. To allow this the 
number of votes cast at the last general election must 
have been more than 450. Voting is kept up until two 
o'clock P.M. 

Then it is suspended and the miscellaneous busi- 
ness of the town is transacted. What may be done at 
such a meeting ? In general, anything that is for the 
interests of the town. Of course it is of great impor- 
tance that the town's officers have been faithful to 
their trusts, and so the meeting hears and acts on 
the reports of these officers. Can you trace this idea 
in other positions in our government, either State or 
national ? Money must be raised for the expenses of 
the town, and so our meeting has a right to vote to raise 
money by taxation for the constructing or repairing of 
roads or bridges, for the prosecution or defence of 
suits of law, and for some other purposes. The voters 
may offer rewards for the destruction of Canada 

1 If there is more than one voting precinct in the town, the voter must 
have had a home in his precinct thirty days. 



28 CIVIL GOVERNMENT OF ILLINOIS. 

thistles; they may offer premiums for growing trees 
by the roadside ; they may make rules concerning 
fences ; they may regulate or prohibit stock from run- 
ning at large ; they may establish pounds and make 
regulations about placing in them, stock found running 
at large. 

They may provide for public wells and watering 
places, and prevent the placing of anything detrimental 
to health within the town limits. The town may decide 
whether the road tax voted shall be paid in money 
or in work. 

When a question is put to a vote, the moderator says, 
"All those in favor of the motion say aye; contrary, 
no." If the moderator is himself uncertain or if any 
one in the meeting questions his decision, he asks those 
in favor of the motion to, rise, while they are counted, 
and then those who are opposed to stand and be 
counted. Or those who favor a motion may move to 
one side of the house, while those who oppose move to 
the other. After the miscellaneous business is finished, 
the voting is resumed and continues until the closing 
of the polls. When the polls are closed, the judges of 
election count the ballots, and the clerk records the 
result and then declares the result to the meeting. 
But it readily occurs that it may be necessary to have 
the town meet in a general meeting oftener than once 
a year. Matters of great importance may arise sud- 
denly and demand immediate attention. So our town 
may have special town meetings if the supervisor, town 
clerk, and a justice (or any two of them), and fifteen 
voters of the town file in the clerk's office a statement 
in writing that a special meeting is necessary for the 



THE TOWN. 29 

good of the town and setting forth the object of the 
meeting. Is this a wise requirement ? Then a notice 
of such a meeting must be given as for a regular meet- 
ing. This notice must state the object of the meeting 
as it has been filed and no business shall be done at 
this meeting except that for which it is called. Is this 
restriction wise ? 

This is the way that a town meeting is conducted. 
Can you think of any points of excellence in addition 
to those already mentioned ? This will be a very inter- 
esting and profitable subject to study. 

We have elected our officers with the idea that they 
are honest men and good business men. These are 
the first and chief qualifications in a town officer. The 
town is a large family and demands for its wise govern- 
ment the best business talent that can be had. Before 
assuming the duties of his office, each officer takes an 
oath in which he promises to support the Constitution of 
the United States and the constitution of Illinois and to 
faithfully discharge the duties of his office. This is a 
provision of the constitution. Find it. 

The town must be sure that the money raised will 
not be squandered, and so requires from each officer a 
bond for double the sum of money that he will receive. 
By this is meant that the officer and at least two other 
persons of sufficient property agree in writing to pay 
into the public treasury a certain sum of money if the 
officer whose bond they sign does not take proper care 
of the public money. 

There is another provision in town government to 
secure faithful service. Four or more men, namely, 
the supervisor, clerk, and the justices, form what is 



30 CIVIL GOVERNMENT OE ILLINOIS. 

called the board of town auditors. They meet twice a 
year in the town clerk's office, on Tuesday before the 
annual meeting of the supervisors of the county and on 
Tuesday before the annual town meeting. At these 
meetings, they examine the accounts of the highway 
commissioners and of the supervisor. They also ex- 
amine and approve or disapprove all bills against the 
town. This includes the compensation of all town offi- 
cers except of supervisors for county services. 

It is plain that since this board has for its business 
to see that the town is not defrauded, it is a very im- 
portant body of men. Such checks as it furnishes are 
necessary in all governments. Do you think that there 
is anything peculiar in the composition of the board ? 
Anything that is not desirable ? 

There is another board, composed of the supervisor, 
clerk, and assessor, called the board of equalization. It 
must prevent injustice on the part of the assessor. 
Once a year, on the fourth Monday of June, the board 
meets to hear the complaint of any one w r ho thinks that 
he has been assessed too high. If this is found to be 
so, the assessment is decreased. There are two other 
boards of the town with quite different purposes. One 
is the board of appointment. It is composed of the 
supervisor, clerk, and justices. If a vacancy occurs in 
any town office, the board elects some one for the un- 
expired term. 

The board of health is composed of the supervisors, 
the clerk, and the assessor. Notice the plural of super- 
visor. It is the duty of this board to prevent the 
spread of contagious diseases. 

These are the officers that the tow r ns of Illinois have 



THE TOWN*. 31 

thought necessary for efficient government. Noticing 
their number and what duties each officer performs, we 
see how democratic we are and how little we believe in 
the one man idea. Responsibility is divided and checks 
established to secure honesty. Do you think that this 
division of duties promotes or diminishes efficiency ? 

What is the longest time for which any town officer 
is elected ? Would a longer time of service make better 
officers ? Are the officers in your town frequently 
changed ? We often hear this expression concerning 
some one who is a candidate for re-election to a town 
office : " He has had it long enough. Pass it round." 
What do you think about the wisdom of such a remark ? 
Discuss this statement from a business man's stand- 
point. 

The pay of town officers is not uniform. That of the 
supervisor has been mentioned. Some are paid by 
fees, wholly or in part. Find out, if possible, the sum 
that is paid to the officers in your town each year. 

It will be well to notice again that the government of 
the town has three departments, — the legislative, the 
executive, and the judicial. Enumerate the officers in 
each. It will be interesting as we proceed in our study 
to see if this threefold division occurs in the other units. 

Before we pass to the study of the next larger unit, 
let us think over carefully how " town " differs from 
"county" government, the Massachusetts idea from 
the Virginia idea. Which is the better suited to Ameri- 
cans ? Arguments for the "town" system are found 
in the preceding pages. What arguments can be given 
in favor of the " county " system ? They must exist, for 
twenty counties of our State still retain that system. 



32 



CIVIL GOVERNMENT OE ILLINOIS. 



CHAPTER III. 

THE COUNTY. 

I. 



THE LEGISLATIVE DEPARTMENT. 

The next larger unit in our system of government is 
the county. We may represent it, and the fundamental 
unit thus : — 







Itown. 
CO U N 


TY. 







We found that the mainspring of the town is the 
town meeting. 

In the county, the people are still supreme, but they 
have delegated their authority to men of whom we have 
spoken, the supervisors. We have found that they 
have certain duties as regards each town. They also 
meet, together with the assistant supervisors, to transact 
business for the county, and are then called the county 



THE COUNTY. 33 

board. They meet by law twice a year and oftener if 
one-third of the members request a special meeting. 

The regular meetings are on the second Monday of 
July and the second Tuesday of September. These 
meetings are held at the county seat and at the court- 
house, if that be convenient. They are open to all. Is 
this a wise provision ? As the town clerk calls the town 
meeting to order, so the county clerk calls this county 
meeting of the people to order. Then the supervisors 
elect one of their number chairman. He will preside 
over the meetings and will appoint committees to aid 
in business. These committees will report to the board, 
who will adopt or reject the reports. Since the super- 
visors act for the people, it is their duty to let them 
know what they as servants have done. And so the 
proceedings of the board must be published in a county 
paper unless the cost be extravagant. 

One of the powers of town meetings was to vote to 
raise money, and their representatives have the same 
delegated power in the county. They may vote to levy 
a tax not to exceed seventy-five cents on every $100 
of valuation for ordinary county taxes. They may levy 
a tax not to exceed ioo cents on gioo, to pay interest 
and principal of any debt incurred before the adoption 
of the present constitution. If the supervisors desire 
more money, they must ask the people to vote it at the 
next election. 

Because the people acting through their representa- 
tives are supreme, the supervisors may change the boun- 
daries of towns, make new towns, and give them names. 

They must erect a suitable court-house, jail, and other 
necessary public buildings. Fire-proof safes must, if 



34 CIVIL GOVERNMENT OF ILLINOIS. 

possible, be provided for certain county officers. The 
board must have charge of all the real and personal 
property owned by the county, look after the lawsuits, 
examine and settle just accounts against the county. 
They must examine the accounts of the county treas- 
urer and count the money in his hands twice a year. 
They fix the pay of county officers except the county 
superintendent of schools. 

They must select grand jurors and make a list from 
which the circuit clerk may draw a list of petit jurors. 
Because it is of so much importance that every tax- 
payer be informed of the acts of the public servants 
who have expended the money he has paid in taxes, 
the board is required to make out at its meeting in 
September a full and accurate statement of the receipts 
and expenditures of the preceding year, and to have 
this published in a county paper. This publication in 
some degree compensates for the critical discussion the 
report might receive at a town meeting, were one held 
in each town to which the board made report. We 
must not fail to mention one other duty of the board. 
At the meeting in July, it must continue the work of 
the town boards of equalization. If any person in the 
county thinks that his property is assessed too high, he 
may appear before the board and have the matter in- 
vestigated, and also, if the valuation in one town is 
too high as compared with other towns, the board cor- 
rects it. 

Twenty-one counties have no board of supervisors, 
but they have three corresponding officers who to- 
gether are called the board of commissioners. They 
are elected at the general election for State officers. 



THE COUNTY. 35 

(See constitution, article 10.) We have already noticed, 
when studying of local judicial matters, that in counties 
not under township organization the commissioners 
divide the county into election precincts for the pur- 
poses of voting. For instance, Morgan County, with 
twenty-four townships, has thirteen precincts. These 
precincts are subdivided into election districts. The 
board also divides the county into road districts to 
facilitate the care of the highways. 



II. 



THE EXECUTIVE DEPARTMENT. 

We have found that the board was divided into com- 
mittees to facilitate the work. These committees may 
have special orders given them by the whole board to 
do certain acts. In such a case, it is evident that the 
committees are not legislative groups, but servants of 
the whole board. So the first executive officers of the 
county we mention are committees of the board. When 
are they executive ? When not ? The next officer to 
be noted is the clerk. Some of his duties are such as 
we should expect from such an officer, but because 
there is so much work to do, the county employs an- 
other clerk and calls him a recorder. 

The county clerk is also the clerk of the county court, 
of which we shall speak soon, so he must attend its 
sessions and keep a complete record of them. He is 
also clerk of the county board and must in that capac- 
ity keep a complete record of its transactions. 



36 CIVIL GOVERNMENT OE ILLINOIS. 

He must keep a record of all official bonds filed in 
his office, and a record of all orders for money drawn 
on the county treasurer. It will very frequently happen 
that a copy may be wanted of some paper in the clerk's 
office. This he must furnish for a fee established by 
law, and he must have all records properly indexed. 
He also issues marriage licenses. He has a very im- 
portant duty in connection with a general election. He 
must give notices to the proper officers to post, announc- 
ing the election, at least thirty days before it is to take 
place. He also has charge of the printing of the ballots 
in county elections, and must see that they are properly 
distributed to the judges of election. After the election, 
when the ballots are returned to him, with the assistance 
of two justices of the county, he must count the votes 
and make abstracts of them, and send copies to the 
secretary of State. He has one more important duty. 
We have seen, when studying about the assessors in the 
town, that the county clerk took their books and from 
them made out the tax that each person must pay. He 
can do this, for the proper officers in the towns have 
sent him a statement of the tax that must be raised. 
How will the clerk proceed to compute the tax ? 

There is another very important county officer, the 
recorder. It is his duty, when asked to do so, to record 
all mortgages, deeds, and other papers pertaining to 
the titles to lands. He also records mortgages of per- 
sonal property. The former duty is very important. 
If w.e think for a moment, we see that it is very neces- 
sary that the records concerning land should be most 
carefully kept. It is so important a matter that the 
county undertakes to do it. Have you ever heard of 



THE COUNTY, 37 

deeds being lost ? Then the recorder could furnish 
evidence about the deed. His records are all open to 
the public ; that is, any one may examine them without 
charge. He is paid by fees. 

Where the population of the county is less than 
60,000, the recorder is also clerk of the circuit court. 
This will be referred to later. 

When we were studying about the board of supervi- 
sors, it may have occurred to some of us that since 
they had authority to levy a tax, there must be some 
one to care for the money when collected. If our 
county is conducted on the same plan as the town, would 
it have a treasurer, so called, to care for the money ? If 
you are inclined to answer yes, look at the matter 
carefully. The county has a treasurer who must re- 
ceive and keep all the public money belonging to the 
county and pay it out in the way prescribed by the 
law. He must keep books of account, and these are 
open to any one who desires to examine them. He 
makes a report to the county board at each of its regu- 
lar meetings, and at least twice a year settles with the 
board. See if you can find anything in our State con- 
stitution about the re-election of a treasurer. Another 
very important officer of this unit called the county, 
is the superintendent of schools. His duties will be 
spoken of later under our school system. A county 
surveyor is elected to make surveys when called upon 
and to keep records of them. 

These officers constitute the executive department of 
the county. Enumerate them. For their term of 
office, consult the constitution. Who regulates their 
pay ? 



38 CIVIL GOVERNMENT OE ILLINOIS. 

III. 

THE JUDICIAL DEPARTMENT. 

It is quite evident from what we have seen of our 
system of government that we could not get along in 
the county without a judicial department, and so we 
shall expect to find one. If the town could not get 
along without its court, much less shall we expect the 
county. 

Our county court has the following officers : a judge, 
a sheriff, a clerk. Besides, and belonging to the judi- 
cial department of the county, are a State's attorney, 
and a coroner. 

The county court has two jurisdictions. This is a 
legal term and needs explanation. When we speak of 
the jurisdiction of a court, we mean that the court has 
the right to try certain kinds of cases. 

If the court is the only one that can try such cases, 
we say that the court has exclusive jurisdiction ; if other 
courts can also try such cases, we say that the court has 
concurrent jurisdiction ; if a case may be begun in a 
court, that court has original jurisdiction ; if after being 
tried in a lower court a case may then be tried in a 
higher, then the latter has appellate jurisdiction. 

We also say that courts have jurisdiction over differ- 
ent kinds of cases. The county court has two such 
jurisdictions, one in law and one in probate. Cases in 
probate are chiefly those in regard to wills and the 
settlements of estates ; cases in law are such as you 
think of when you hear of a case in court. 



THE COUNTY. 39 

The county court has exclusive jurisdiction in the sale 
of land for taxes. It has concurrent jurisdiction with 
the circuit court in all cases where the justices have 
jurisdiction and in which the amount in dispute does not 
exceed Siooo; also in criminal cases where the punish- 
ment is not imprisonment in the penitentiary or death ; 
also in cases appealed from justices and police magis- 
trates. 

This court has original jurisdiction in all matters of 
probate, settlement of estates, appointment of guardians 
of minors, and the settlement of their accounts ; also 
in all matters relating to apprentices. There is one 
exception to be noted. If the county has more than 
70,000 inhabitants, there is a separate probate court to 
attend to all probate matters. How many counties by 
the last census should provide for such a court ? 

It is quite evident that the county court must have 
records. If not everything would be in disorder. So, 
as we should expect, the court has its clerk. We have 
already learned who this clerk is. 

But who shall execute the commands of the court? 
In the unit called the town, we found that there was an 
officer whose duty it was to execute the commands of 
the judicial department. We shall therefore expect to 
find such an officer in this larger unit. He is called a 
sheriff. It is very interesting to trace the origin of the 
office and the name. Sheriff is shire-reeve, an officer 
of the old English shire, or, as we say, county. Each 
town of the shire sent men to an assembly of the county, 
much in the same way as the towns now send the 
supervisors to form the county board. This shire court 
both made laws for the shire and also tried cases, and 



40 CIVIL GOVERNMENT 0E ILLINOIS. 

so we very readily see how the county court originated. 
It w T as brought by the Pilgrims and Puritans to this 
country and set in operation at once. Mr. John Fiske 
in speaking of Massachusetts says, "The county was 
organized from the beginning as a judicial district with 
its court-house, jail, and sheriff." In Virginia also, 
there was the shire, sheriff, and county court. So the 
Illinois county comes naturally by the sheriff. This 
officer must attend all sessions of both county and 
circuit courts. He must preserve order and execute 
the commands of the court. He must also preserve 
the peace in his county, and to this end he may arrest 
all persons whom he sees committing offences and may 
bring them before the proper magistrate. He is the 
custodian of the court-house and jail. Therefore he 
must care for all prisoners in the jail. When prisoners 
are to be taken to other places, he removes them. He 
executes those condemned to death. The sheriff has 
deputies to assist him and is responsible for their acts. 
Can you find anything in the constitution about the 
re-election of sheriffs ? 

Our unit, the county, has found it necessary to have 
another officer called a State's attorney. The reason is 
this. There will be of necessity some persons arrested 
for crimes and either lodged in the jail or bailed out 
until the time of trial. 

It will be necessary for the county to provide some 
one to look after these cases and see that they are 
properly tried. If not, since what is every one's busi- 
ness is no one's business, there would be no one to con- 
duct the case against the men arrested, and so they 
would escape. This would be a great calamity for 



THE COUNTY, 4 1 

good government, and so the county elects this officer, 
sometimes called a " prosecuting attorney." 

In addition to seeing that persons accused of crime 
are properly tried, he must act as the adviser of county 
officers or of justices in all county matters ; also, if some 
one brings suit against the county, he must defend the 
county or any official of the county when the suit is 
against him as a county officer. He must also begin and 
prosecute any action brought by any county officer in 
his official capacity. From this, we see that more than 
one duty of importance is laid on the State's- attorney. 
Did we find any corresponding officer in the town ? 

Still one other county officer remains to be described, 
the coroner. This officer is sometimes in literature 
called the crowner, and this gives an idea of his original 
power and the source of appointment, crowner or crown 
officer. The office is a very old one. Its powers have 
been gradually contracted until now the chief duty of 
a coroner is to inquire into any cases of death supposed 
to have resulted from violence or accident. When such 
a case occurs, the coroner is to proceed at once to the 
place where the body is and take charge of it ; he must 
summon a jury of six men and proceed to investigate 
the cause of the death. He has the power to summon 
witnesses also. He must keep a record of the inquest 
and report it to the county clerk. After the inquest, 
he gives the body into the charge of friends of the 
deceased or, if there are none, buries it at public ex- 
pense if necessary. If the jury find that some person 
is implicated in a criminal manner in the death of the 
deceased, the coroner has a right to arrest the one on 
whom suspicion falls and commit him to the county jail. 



42 CIVIL GOVERNMENT OF ILLINOIS. 

In case of the death of the sheriff or when he is a 
party to a suit, as sometimes happens, the coroner acts 
as sheriff. 

We have seen, then, the officers that our unit called 
the county uses for its government. We have seen 
how the legislative and judicial and executive appear 
as they did in our first unit, the town. But there is this 
to be always remembered, that the pure democracy of 
the town has ceased, and representative government 
has taken its place. Compare the term of all the county 
officers (see constitution) with the term in the town. 
Why are they different? Is it desirable to have them 
different ? As to salaries, we w T ill remember that, with 
the exception of that of superintendent of schools, the 
rate is fixed by the board of supervisors or commis- 
sioners. 



THE STATE. 



43 



CHAPTER IV. 

THE STATE. 
I. 



THE LEGISLATIVE DEPARTMENT. 

The next larger unit is the State. Without any at- 
tempt at proper proportions, as they exist in our State, 
we may represent the three units thus : — 













COUNTY. 






STATE. 





44 CIVIL GOVERNMENT OF ILLINOIS. 

It seems quite a step from the government of a 
county to that of a State, even though the State be no 
larger than Delaware or Rhode Island ; it seems a 
much greater step to go from the county to the State 
of Illinois with its 102 counties. Yet it is quite probable 
that the same general ideas that have been found in 
the government of the town and county, will be found 
to work well in the State. Moreover, it is evident that 
the government must be representative, for that was 
found to be necessary in the county because of its in- 
creased size over the town ; how much more so, then, in 
the State ? It has been explained in Part I. of this 
book that the State has certain duties and relations to 
the national government, that the county or the town 
as such, knows nothing of ; but we shall find that, in 
general, the government of the town is repeated in the 
State ; that is, the town in its government is a very 
small State, the State a very large town. There is one 
other peculiarity that we should keep in mind ; the State 
has made a constitution for its own security, and to in- 
sure good government at the hands of its officers. For 
a State to possess such an instrument is a great step in 
government. The charters that the colonies prized so 
highly were, in their nature, the same as our State con- 
stitutions. You will recall the story of the charter oak, 
and the determination of other colonies not to surrender 
these protections of their liberties. A constitution is 
the supreme law of the State, and no law can be made 
binding on the people that is contrary to it. Illinois 
has had three; the first in 1818, the second in 1848, 
the third in 1870. Notice how the constitution begins : 
"We, the people of the State of Illinois." We are 



THE STATE. 45 

always, then, to remember that the people are the real 
power, and since they have made a constitution, it is 
quite plain that they have the power to alter it. Ac- 
cordingly, we find that the constitution can be amended, 
and since 1870 five amendments have been adopted. 
What is the substance of each ? You have noticed one 
when studying, concerning sheriffs and treasurers of 
the county. Since the people cannot all assemble to 
make the laws, it is evident that they must select men 
to represent them. 

In the county the people are represented by means 
of the supervisors or commissioners ; in the State, by 
men called representatives. These, as a body, are 
called the General Assembly. It has two divisions — 
the Senate and the House of Representatives. The 
Assembly meets regularly at Springfield, once in two 
years. The sessions begin at twelve o'clock, noon, on 
Wednesday next after the first Monday in January in 
the odd-numbered years. There are fifty-one senators 
and 153 representatives. To secure this number, the 
State is divided into fifty-one districts, each sending one 
senator and three representatives. It may occur at 
this point that such an arrangement might not be just, 
because some of the districts might, by the growth of 
population, become much more populous than others, 
and so they should have more representatives and sen- 
ators than less populous districts. This, certainly, would 
be unjust under a government with our ideas of each 
man having an equal voice in the government of the 
State. The difficulty is overcome in this way. The 
census of the United States is taken once in ten years. 
After each census, it is the duty of the General Assem- 



46 CIVIL GOVERNMENT OF ILLINOIS. 

bly to divide the State into fifty-one districts. The 
unit of population desired in each district is found by 
dividing the population of the State by fifty-one. No 
district can have less than three-fourths of this unit. 
These districts must be of contiguous and compact 
territory, bounded by county lines, and contain as nearly 
as possible the same number of inhabitants. The 
State has not been redistricted for the census of 1890. 
The districts, as divided after the census of 1880, are as 
follows : — 

Senatorial and Representative Districts. 

First — The ninth and tenth wards of Chicago, and 
that part of the eleventh ward north of the center line 
of Van Buren street. 

Second — That part of the fourth ward of Chicago 
south of the center line of Twenty-ninth street, and the 
towns of Hyde Park and Lake, in Cook County. 

Third — The first, second, and third wards of Chicago, 
and that part of the fourth ward north of the center 
line of Twenty-ninth street. 

Fourth — That part of the eighth ward north of the 
center line of Taylor street, and that part of the elev- 
enth ward south of the center line of Van Buren street, 
and the twelfth ward of Chicago. 

Fifth — That part of the sixth ward west of the 
center line of Throop street, the seventh ward, and that 
part of the eighth ward south of the center line of 
Taylor street in Chicago. 

Sixth — The eighteenth ward, that part of the six- 
teenth ward east of the center line of Sedgwick street, 



THE STATE. 47 

and the fifteenth ward of Chicago, and the towns of 
Lake View and Evanston, in Cook County. 

Seventh — The towns of New Trier, Northfield, 
Wheeling, Palatine, Barrington, Hanover, Schaumberg, 
Elk Grove, Maine, Niles, Jefferson, Norwood Park, 
Leyden, Proviso, Cicero, Riverside, Lyons, Lemont, 
Palos, Worth, Calumet, Thornton, Bremen, Orland, Rich, 
and Bloom, in Cook County. 

Eighth — Lake, McHenry, and Boone counties. 

Ninth — The thirteenth ward, and all of the fourteenth 
ward except that portion thereof lying east of a line 
drawn from a point where the center line of Milwaukee 
avenue intersects the center line of Ohio street, north- 
west along said center line of Milwaukee avenue to the 
center line of Ashland avenue, thence north along the 
center line of Ashland avenue to the center line of Cly- 
bourne place, thence northeasterly along the center 
line of Clybourne place to the north branch of Chicago 
River, in the city of Chicago. 

Tenth — The counties of Winnebago and Ogle. 

Eleventh — The fifth ward and that part of the sixth 
ward east of the center line of Throop street, in 
Chicago. 

Twelfth — Jo Daviess, Stephenson, and Carroll coun- 
ties. 

Thirteenth — That part of the fourteenth ward lying 
east of a line drawn from the intersection of the center 
line of Milwaukee avenue with the center line of Ohio 
street, northwest along the center line of said Milwaukee 
avenue to the center of Ashland avenue, thence north 
along the center line of Ashland avenue to the center 
line of Clybourne place, thence northeasterly along the 



48 CIVIL GOVERNMENT OE ILLINOIS. 

-center line of Clybourne place to the north branch of 
the Chicago River ; that part of the sixteenth ward west 
of the center line of Sedgwick street, and the seven- 
teenth ward in the city of Chicago. 

Fourteenth — Kane and Du Page counties. 

Fifteenth — Will. 

Sixteenth — Kankakee and Iroquois. 

Seventeenth — De Kalb, Kendall, and Grundy. 

Eighteenth — Livingston and Ford. 

Nineteenth — Whiteside and Lee. 

Twentieth — Marshall, Woodford, and Tazewell. 

Twenty-first — Rock Island and Henry. 

Twenty-second — Knox and Fulton. 

Twenty-third — La Salle. 

Twenty -fourth — Hancock, Henderson, and Mercer. 

Twenty-fifth — Bureau, Stark, and Putnam. 

Twenty-sixth — Peoria County. 

Twenty-seventh — Warren and McDonough. 

Twenty-eighth — McLean. 

Twenty-ninth — Logan and Macon. 

Thirtieth — Champaign, Piatt, and De Witt. 

Thirty-first — Vermilion and Edgar. 

Thirty-second — Douglass, Coles, and Cumberland. 

Thirty-third — Moultrie, Shelby, and Effingham. 

Thirty-fourth — Mason, Menard, Cass, and Schuyler. 

Thirty-fifth — Adams. 

Thirty-sixth — Brown, Pike, and Calhoun. 

Thirty-seventh — Scott, Greene, and Jersey. 

Thirty-eighth — Macoupin and Morgan. 

Thirty-ninth — Sangamon. 

Fortieth — Christian and Montgomery. 

Forty-first — Madison. 



THE STATE. 49 

Forty-second — Bond, Clinton, and Washington. 

Forty-third — Fayette, Marion, and Jefferson. 

Forty-fourth — Clay, Richland, Wayne, and Edwards. 

Forty-fifth — Clark, Jasper, and Crawford. 

Forty-sixth — Hamilton, White, Wabash, and Law- 
rence. 

Forty-seventh — St. Clair. 

Forty-eighth — Monroe, Randolph, and Perry. 

Forty-ninth — Saline, Gallatin, Hardin, Pope, and 
Massac. 

Fiftieth — Jackson, Union, and Alexander. 

Fifty-first — Franklin, Williamson, Johnson, and Pu- 
laski. 

At each general election, meaning by that an elec- 
tion at which any State officers are elected, a part of 
the members of the Assembly are elected, all of the 
representatives, and half of the senators. Senators 
from the even-numbered districts are chosen at one 
election, and those from the odd-numbered at the next. 
The even-numbered districts elect senators in 1892. 
When vacancies occur, the governor orders a special 
election, if the Assembly is in session, or will be before 
another general election. It is possible, when voting 
for representatives, for each voter to cast one ballot for 
each of three men to be elected, or to cast one and one- 
half ballots for two men, or to cast three ballots for one 
man. This last method is called "plumping." It is 
usual in districts where there is quite a majority for one 
of the parties, for the party having the majority, to 
nominate two candidates, and the party in the minority, 
one. The majority candidates receive one and one-half 



SO CIVIL GOVERNMENT OE ILLINOIS. 

votes each from the voters of their party ; the minority 
candidate receives three votes from the voters of his 
party. In this way the minority secures a representative, 
which it would not do if each party nominated three men. 
This system of voting is called minority representation. 

What do you think of the justice of this plan ? Do 
you think of any disadvantages ? Does a majority of a 
few votes rightly entitle one party to all the representa- 
tives from a certain locality ? 

The members, then, of the House are chosen for two 
years ; the members of the Senate for four. Each 
senator must have attained the age of twenty-five years, 
and each representative the age of twenty-one, and 
must have been five years a resident of the State, and 
for the two years preceding the election a resident of 
the district from which he is elected. Moreover, he 
must not be occupying any office except in the militia, 
or the position of justice, or notary public. What is 
the reason for this requirement? There is one other 
very important condition in the constitution (article 4, 
paragraph 3, first part). What is it ? Before assuming 
the duties of the office, each member is required to take 
or affirm a peculiar oath or affirmation prescribed by 
the constitution. (See article 4, paragraph 5.) Ex- 
plain the reason for such an oath. 

Because it is of so much importance that the work of 
the Assembly be performed, the members are exempt 
from arrest in civil matters ; but they must not receive 
appointment to any civil office within the State at the 
hands of the governor, the governor and Senate, or the 
General Assembly. 

The pay of the members is $5 per day, and ten cents 



THE STATE. 5 I 

a mile, necessarily traveled in going to and returning 
from Springfield. There is an additional allowance of 
S50 a session for paper, postage, and the like. 

Let us inquire about the organization of the Assem- 
bly and its methods of transacting business. First, 
the House. Each member has received a certificate of 
election from the governor, and his name has been 
placed on the roll. At the appointed time, the secre- 
tarv of State calls the House to order. The House 
then proceeds to elect a temporary speaker, clerk, door- 
keeper, postmaster and assistants. Then a permanent 
speaker is elected, and the other temporary officers are 
usually made permanent. The House then makes rules 
for its guidance, for it is quite evident that without rules 
it would be quite impossible to conduct business. As 
soon as possible the speaker appoints his committees. 
These are groups of members whose duty it is to con- 
sider carefully any matters that may be referred to 
them. It would be impossible to transact business with 
much facility if each matter was to be investigated bv 
all the members of the House. To do this well would 
take a large amount of time, and it can be much better 
done by small groups. In our last House there were 
fifty-one of these committees, and most of them had 
from fifteen to twenty-one members. One had twenty- 
five. A majority of the members on each committee 
are of the same party as the speaker. This officer has 
great responsibility in the appointing of these commit- 
tees, for he has it in his power to appoint on them men 
who are known to be hostile to measures that are sure 
to come up for consideration. Suppose he does so. 
When such a measure is introduced in the form of a 



52 CIVIL GOVERXMKXT OF ILLINOIS. 

bill, it will be referred to an hostile committee, and there 
it will remain ; or the committee will report that it is 
not best to have the measure become a law, and usually 
such report is the end of the matter. The first place 
on each committee, called the chairmanship, is very 
much sought after, for it is considered a high honor. 
Soon after organizing, the governor sends a message to 
both House and Senate on the condition of the State, 
and makes any recommendations that he may think 
best. After the message and the appointment of com- 
mittees, the business of the House may be said to be 
fairly started. The sessions are sometimes quite long. 
The last Assembly was in session from January 7 to 
June 12. Some sessions are even longer than that. 

The Senate is organized in much the same way as the 
House. 

It is called to order at the appointed time by the lieu- 
tenant-governor, and then, after temporary organization 
and the newly-elected senators are sworn in, a perma- 
nent organization is effected. A president pro tempore 
is elected to preside in the absence of the lieutenant- 
governor. There are other subordinate officers such as 
the House appoints. The Senate is also divided into 
committees. At the last session there were thirty-nine, 
most consisting of from nine to nineteen members. 
Measures such as the members desire to become laws 
are introduced under the name of bills. Each bill must 
have a title, as " An act making appropriations for 
the Illinois Soldiers' and Sailors' Home." Section 1 of 
each bill begins with what is called an enacting clause. 
It is as follows : " Be it enacted by the people of the 
State of Illinois represented in the General Assembly." 



THE STATE. 53 

This is a constant reminder that the people are the real 
law-makers. 

Each House has a regular order of business. In this 
is a time for the introduction of bills. When this time 
is reached in the House, the roll of the members is 
called in alphabetical order. If Mr. Brown, a member, 
wishes to introduce a bill, when his name is called he 
rises in his place and says, " Mr. Speaker, I desire to 
introduce a bill." The speaker says, " Send it to the 
clerk's desk." If the member has another bill to intro- 
duce he again addresses the speaker in the same way 
and receives the same answer. Under the rules, he may 
introduce only three bills on the same day. By the 
same rules, the bill is then referred to an appropriate 
committee, and ordered printed. After reference, it is 
considered by the committee, and if they think that the 
bill should become a law, they report it favorably to the 
House. It is then read "at large " the first time, and 
ordered to its second reading. Reading " at large" 
means reading all of the bill. On another day, it is 
read a second time and amended if this is the wish of 
the House. These amendments are also printed. On 
a third day, it is read at large a third time and then 
usually put on its passage. On the passage of the bill, 
the vote must be by ayes and noes. Find the constitu- 
tional provision. What do you infer about the method 
of voting on the first and second reading? By the rules 
of the Senate, the roll is not called on the introduction of 
bills nor are bills ordered printed until reported from a 
committee. In the Senate also bills are usually read at 
large a first time before being referred. After a bill 
has passed one branch of the Assembly, to become a 



54 CIVIL GOVERNMENT OF ILLINOIS. 

law it must also pass the other, be signed by both the 
president of the Senate and the speaker of the House 
and the governor. 

The governor, however, may not approve of the bill. 
In this case, he returns the bill to the Assembly with 
his reasons for not signing it. The Senate and House, 
each by a two-thirds vote of members elect, may pass the 
bill over the veto, and it becomes a law without the 
signature of the governor. To which body shall the 
vetoed bill be sent ? The constitution states. What 
does it state about the time the governor may keep a 
bill without its becoming a law ? Compare the Constitu- 
tion of the United States (article i, section 7) with 
the constitution of Illinois (article 5, paragraph 16). 
Do you note any difference ? 

Bills may originate in either House, and sometimes 
the same bill is introduced into both Houses at the same 
time. Then whichever bill is first passed by one House 
is sent to the other for passage there. For a bill to 
finally pass, it must receive the affirmative vote of a 
majority of the members elected. When does a bill 
that has become a law take effect ? The day that the 
governor signs it ? Not unless the case is one of what 
is called " emergency." It must be stated in the bill 
that an emergency exists. Then if a two-thirds vote 
can be secured for the bill, and it is properly signed, 
it becomes a law at once. Without this emergency 
clause, the bill does not become a law until the first of 
July following the passage. What reason can you give 
for allowing time to elapse between the passage of a 
law and its going into effect ? 

This, then, is the way in which the people of Illinois, 



THE STATE. 55 

assembled in town meeting by means of representatives, 
make their laws. It should never be forgotten that the 
people are the real law-makers and the real power. 
Read the preamble to the constitution. 

The special duties of each subordinate officer of the 
Senate and House have not been given because the 
title of the officer suggests the duties of the office. 
What three duties of the speaker have been mentioned ? 
What two of the president of the Senate ? 

Can we define the duties of the General Assembly ? 
Only in the most general way. If we go back to the 
town meeting, we may get an idea of the kind of laws 
that will preponderate. There the laws which always 
engaged attention, because always necessary, were 
those about money. It was so in the county ; it is so 
in the State. Of the laws passed by our last Assembly, 
more than one-fourth of the volume is composed of 
laws concerning appropriations. What do you under- 
stand by this term ? The Assembly must also levy 
taxes and make such other laws as will be for the good 
of the State. There is one other power worthy of our 
attention, for it shows the people as supreme and the 
source of all power. Law is from the people and so 
they really administer justice. You may have read how 
a certain king of England was tried and condemned 
and beheaded by the orders of the people, speaking 
through a parliament ; so our people, while in general 
handing the judicial power over to judges, courts, and 
juries, have reserved for themselves as a reminder of 
their real power the right to sit in judgment on the acts 
of their servants whom they have elected to office. So 
State officers are liable to impeachment. 



56 CIVIL GOVERNMENT OE ILLINOIS. 

There are several restrictions in the constitution as 
regards laws that may be passed. Please notice under 
article 4 and paragraph 22, the tenth particular, also 
paragraph 26. Do you know whether the last provis- 
ion is in the constitution of other States ? What is the 
reason for its adoption ? 



II. 



THE EXECUTIVE DEPARTMENT. 

Thus far, under the topic of the State, we have stud- 
ied the people in their chief representative gathering, 
the General Assembly. But we shall expect to find 
other departments of our unit called the State, just as 
we found other departments in the governments of 
smaller units. Closely related to the legislative is the 
executive, and the constitution provides for seven offi- 
cers in this department : Governor, Lieutenant-Gov- 
ernor, Secretary of State, Auditor of Public Accounts, 
Treasurer, Superintendent of Public Instruction, and 
Attorney-General. It will be an interesting study to 
compare the officers in this highest unit, which we here 
study, with the officers in the unit called the town. Can 
you trace similarities ? Let the question be put in an- 
other form : Is there any State executive officer whose 
duties are not suggested by some one or more officers 
of the town ? 

On the first - Tuesday after the first Monday of No- 
vember, in years in which a President is elected, an 
election is held for all these officers, excepting the 
superintendent of public instruction ; two years from 



THE STATE. 57 

that time, the superintendent and treasurer are elected. 
Can a treasurer succeed himself ? What is the term of 
each State officer mentioned above ? We have learned 
that after each general election a certain officer of each 
county sends the results of the vote in his county to the 
secretary of state. At the beginning of each session 
of the Assembly, and before the work begins, these 
returns are opened in the presence of a majority of the 
Senate and House, and the candidate receiving the 
highest number of votes for each office is declared 
elected. 

When should these officers assume their duties? 
Have any of the officers an age qualification ? Consult 
the constitution (paragraphs I and 5, article 5). 

The Governor. 

First of all, as he is the chief executive officer of the 
people, he has in general this duty, to see that the laws 
are executed. Since he should know better than any 
one else in the State the needs of all the people, he 
must give counsel to each Assembly as to the best in- 
terests of the State. This advice and statement of the 
condition of the State is called the governor's message. 
We have already spoken of it. A very important power 
of the governor is that of appointment. Many State 
officers are not elected by the people, but are appointed 
by the governor. Yet this power alone might be very 
dangerous, and so it is required that the Senate confirm 
the appointments. Can you see any reason why the 
Senate, rather than the House, should confirm the nom- 
inations ? After a person has been rejected by the 



58 CIVIL GOVERXMEXT OF ILLIXOIS. 

Senate, he cannot again be nominated for the same 
office at the same session. Is this a wise precaution ? 

Since the governor has sufficient power to appoint, 
he may also remove from office, if the person appointed 
is guilty of neglect of duty, illegal conduct, or is incom- 
petent. 

If the interests of the State demand it, he may call 
extra sessions of the Legislature. Another power con- 
ferred on the governor seems somewhat strange, for it 
would seem at first to belong rather to the judicial than 
to the executive department. It is the power to grant 
reprieves, commutations, and pardons for all offences. 
Cannot judges decide better than persons not versed in 
law in regard to such matters ? The explanation is 
probably to be found in applying for the moment to the 
governor the attributes of a king. In olden times, all 
offences were against the king, and hence, says Black- 
stone, came his power of " pardoning offences, for it is 
reasonable that he who is injured should have the 
power of forgiving." Some States have taken this 
power from the governor and given to a board of par- 
dons. Can you see any good reasons for such a board ? 

Finally, the governor is the commander of the militia, 
and may call it out if occasion demands. His veto 
power has already been considered. You will remem- 
ber that he can be impeached and removed from office. 
His salary is $6000 a year, and the use of the executive 
mansion. If the office of governor becomes vacant by 
death, conviction on impeachment, or other disability of 
the governor, the lieutenant-governor becomes governor. 
As lieutenant-governor, he is president of the Senate, but 
has no vote except in case of a tie. His salary is $1000. 



THE STATE. 59 

We have already noticed one duty of the secretary 
of State in connection with the meeting of the House 
of Representatives. 

He must keep carefully in his office all the acts and 
resolutions passed by the Assembly, and must also cer- 
tify to the correctness of the published laws. The pub- 
lic property at Springfield is also in his care. The 
Assembly provides for the distribution of the laws it 
passes, and the records of its proceedings, called jour- 
nals. The secretary must see to this distribution. He 
is the keeper of the seal of the State, and affixes it 
with his signature to all commissions issued by the gov- 
ernor. Every justice or notary public has such a com- 
mission. The secretary must issue charters to men 
doing business together under the name of a corpora- 
tion. To these he affixes his signature and the seal of 
the State. He must issue registration blanks to the 
judges of election before each general election, and also 
see to the printing and distributing of the ballots at 
such an election. He must report to the governor bien- 
nially' the business of his office. He gives a bond in 
the sum of S 100,000. His salary is $3500 a year. 

The auditor of public accounts is both a book-keeper 
for the State and also a guard over the public money. 

As a book-keeper, he must keep an account with 
either the United States or any State, corporation, 
public officer, or individual doing business with the 
State. As a guard of the public money, he examines 
all bills that are presented against the State, and if he 
finds that the bill is correct, he gives the party to whom 
the bill is due a check on the treasurer for the amount 
of the bill. This check is called an auditor's warrant. 



60 CIVIL GOVERNMENT OF ILLINOIS. 

He must report to the governor biennially the business 
of his office. There are two other duties incumbent on 
the auditor. First in regard to insurance companies. 
There are a large number of these doing business in 
Illinois and it is of the utmost importance to the busi- 
ness interests of the State that they be financially 
sound, so the State directs the auditor to make an ex- 
amination of the affairs of the companies, and if there 
is any doubt about their soundness, he must take legal 
measures to prevent them from doing business in the 
State. 

The other duty is performed in connection with the 
governor and treasurer. We have noticed when study- 
ing about the Assembly that very many of the bills 
passed were those making appropriations of money. 
This money must be raised by a State tax. So after the 
property of the State has been assessed and equalized, 
the governor, auditor, and treasurer compute the rate 
per cent necessary to raise the amount required, and 
the auditor then informs the county clerks. 

The auditor must report biennially to the governor, 
and give bond for $50,000. His salary is $3500 a year. 

You will recall that we did not find in our first unit, 
the town, any treasurer. The duties of that office were 
distributed, but when we came to the county we found 
a better arrangement. There we found a treasurer. 
In the State, the office is of great importance. Large 
sums of money are intrusted to the treasurer, and he is 
consequently required to give a large bond, $500,000, 
and the governor may require more. 

The treasurer can neither receive nor pay out money 
except on the order of the auditor. Whenever he pays 



THE STATE. 6 1 

an order, he must cancel it. To see how this is done, 
if your father keeps a bank account ask to look at his 
canceled checks. He must settle with the auditor once 
a month and make a biennial report to the governor. 
His salary is S3 500 a year. 

The duties of the superintendent of public instruction 
will be mentioned under the public school system. 

The attorney-general is the attorney of the State. 
As any attorney, he will be called upon both to consult 
and give advice, and also to appear in court. As a 
lawyer in court, he will represent his clients, the people, 
before the supreme court of the State ; he will also 
appear for the officers of the State in any court of this 
State or of the United States whenever suit is brought 
against them in their official capacity. He will advise 
with the governor or other State officers upon questions 
relating to the proper discharge of their official duties, 
and will give his opinion upon legal questions at the 
request of the Legislature. He must also see to it that 
the funds appropriated for the public institutions of the 
State are so used. 

He gives a bond for S5000 and receives a salary of 
S3 500 a year. 

These are the officers that are elected in the execu- 
tive department of our State government. Yet these 
are not all the executive officers. As our social life 
becomes more complex, it is necessary to have other 
officers to perform duties that were not necessary in the 
earlier days. As we found in our town and county 
government that officers combined in boards played an 
important part, so we may expect to find boards in our 
Stale government, composed either of officers elected 



62 CIVIL GOVERNMENT OE ILLINOIS. 

by the people, or appointed by the people through some 
one to whom the power has been given. 
There are the following boards : — 

I. State Board of Agriculture. 

II. State Board of Canal Commissioners. 

III. State Board of Charities. 

IV. State Board of Claims. 

V. State Board of Dental Examiners. 

VI. State Board of Equalization. 

VII. State Board of Fish Commissioners. 

VIII. State Board of Health. 

IX. State Board of Horticulture. 

X. State Board of Inspectors of Coal Mines. 

XI. State Bureau of Labor Statistics. 

XII. State Board of Live Stock Commissioners. 

XIII. State Board of Pharmacy. 

XIV. State Board of Railway and Warehouse Commissioners. 
XV. State Board of Returns of Elections. 

Of these boards I., VI., and IX., are elected : I., by the 
delegates of the agricultural societies of the counties ; 
VI., by the people at a general election; IX., by the 
three horticultural societies of the State. All the rest, 
excepting V., X., and XV., are nominated by the governor 
and confirmed by the Senate. V. and X. are nominated 
by the governor, but are not confirmed by the Senate. 

We will very briefly speak of each board. 

I. Consists of one member from each of the congres- 
sional districts of the State. It has charge of the State 
department of agriculture. 

II. Is a board of three members. They have con- 
trol of the Illinois and Michigan Canal and the locks 
and dams on the Illinois and Little Wabash rivers. 
Term two years. Pay $5 a day for time employed. 



THE STATE. 63 

III. Is a board of five. Some, or all of them, must 
visit all of the charitable and. penal institutions of the 
State at least twice a year, and report to the governor. 
Term five years. Allowed only traveling expenses. 

IV. Consists of three members, who adjust claims 
against the State. Term four years. Pay Si 5 a day 
for time employed. 

V. Consists of five members, who grant licenses to 
practice dentistry. Term five, years. Pay $5 per day 
and expenses. 

VI. Is the same in principal as the town and county 
boards of equalization. It is composed of one member 
from each congressional district and the State auditor. 
The board meets once a year at Springfield on the sec- 
ond Tuesday in August. The work of this board is 
often very important. Term four years. Pay $5 per 
day and mileage. 

VII. Consists of three members. They care for the 
food fishes of the State. Term three years. They re- 
ceive S300 for expenses. 

VIII. Is a board of seven members. They are to 
prevent the spread of contagious diseases. They also 
license to practice medicine. Receive only expenses. 
Term seven years. 

IX. Already referred to, has control of certain funds 
given by the State to encourage horticulture. 

X. Is a board of five. They are to see that suitable 
precautions are taken for the safety and health of 
miners. Pay $1800 a year each. Term one year. 

XI. Is a board of five members. They collect statis- 
tics relating to the interests of the laboring classes. 
Pay S5 a day and expenses, for thirty days. 



64 CIVIL GOVERNMENT OF ILLINOIS. 

XII. Care for the livestock interests of the State. 
They may kill diseased cattle and establish quarantine. 
The board consists of three members. Term three 
years. They receive their expenses. 

XIII. Consists of five members. They issue licenses 
to practice pharmacy. Term five years. Pay $5 per 
day and expenses. 

XIV. Consists of three members. They see that the 
railways and public warehouses are managed according 
to law. Each receives a salary of $3500 a year. 

XV. Consists of the secretary of State, the auditor, 
the treasurer, and attorney-general. These, or any 
two of them, in the presence of the governor, and 
within twenty days after any general election, canvass 
the returns for representatives in Congress, judges and 
clerk of supreme court, judges of circuit court, members 
of Assembly, and members of State board of equaliza- 
tion, and declare the results. 

The governor also appoints, and the Senate confirms, 
the various boards that have charge of the charitable in- 
stitutions of the State. Besides the boards enumerated, 
there are various officers appointed by the governor 
with the consent of the Senate. Among these are the 
following : a State superintendent of savings banks, a 
State entomologist who collects and disseminates infor- 
mation concerning insects injurious to the agricultural 
interests of the State, notaries public, nineteen justices 
of the peace for the city of Chicago ; also the adjutant- 
general, next to the governor, the highest officer in the 
State militia. (See article 12 of constitution.) 



THE STATE. 65 

III. 

THE JUDICIAL DEPARTMENT. 

There remains but one division of our State govern- 
ment to be described, — the judicial. In our smallest 
unit, we found law ; in the second unit, this power was 
more evident ; in our highest unit, we shall expect to 
find it most highly developed. 

The judicial department of Illinois consists of three 
courts, with their necessary officers. Lowest in rank is 
the circuit court; second, is the appellate; third, is the, 
supreme. 

The Circuit Court. 

The State is divided into fourteen divisions called 
circuits. They are as follows : — 

First Circuit — The counties of Franklin, Saline, Wil- 
liamson, Jackson, Union, Johnson, Pope, Hardin, Mas- 
sac, Pulaski, and Alexander. 

Second Circuit — The counties of Cumberland, Effing- 
ham, Clay, Jasper, Richland, Lawrence, Crawford, Jef- 
ferson, Wayne, Edwards, Wabash, White, Hamilton, 
and Gallatin. 

Third Circuit — The counties of Bond, Madison, St. 
Clair, Marion, Clinton, Washington, Randolph, Monroe, 
and Perry. 

Fourth Circuit — The counties of Vermilion, Edgar, 
Clark, Coles, Douglas, Champaign, Piatt, Moultrie, and 
Macon. 



66 CIVIL GOVERNMENT OF ILLINOIS. 

Fifth Circuit — The counties of Sangamon, Macoupin, 
Christian, Montgomery, Fayette, and Shelby. 

Sixth Circuit — The counties of Hancock, Adams, 
Fulton, McDonough, Schuyler, Brown, and Pike. 

Seventh Circuit — The counties of De Witt, Logan, 
Menard, Mason, Cass, Morgan, Scott, Greene, Jersey, 
and Calhoun. 

Eighth Circuit — The counties of Putnam, Marshall, 
Woodford, Tazewell, Peoria, and Stark. 

Ninth Circuit — The counties of Bureau, La Salle, 
Will, and Grundy. 

Tenth Circuit — The counties of Rock Island, Mercer, 
Henry, Henderson, Warren, and Knox. 

Eleventh Circuit — The counties of McLean, Ford, 
Kankakee, Iroquois, and Livingston. 

Twelfth Circuit — The counties of Boone, De Kalb, 
McHenry, Lake, Kane, Du Page, and Kendall. 

Thirteenth Circuit — The counties of Jo Daviess, 
Stephenson, Winnebago, Carroll, Whiteside, Ogle, and 
Lee. 

Cook County constitutes another circuit. 

Each of these circuits elects three judges once in six 
years. Two of these go from county to county holding 
court. At least two terms must be held each year in 
each county. At these terms, the sheriff of the county 
must be present to assist in holding the court ; also the 
circuit clerk, and the grand and petit juries. These 
juries require a word of explanation. A grand jury 
consists of twenty-three men selected by the county 
board. They investigate all criminal charges brought 
against any one, and if they think that the evidence 



THE STATE. 6 J 

justifies a trial, they make a statement to that effect to 
the court. This is called an indictment, and the person 
so accused is then brought to trial before a petit jury. 
The petit jury is drawn by the circuit clerk from lists 
furnished by the county board. Jury trial has always 
been considered as one of the great safeguards of our 
liberties. How is this so ? Have there been countries 
where it was not allowed ? It will be interesting to 
trace jury trial among English speaking people. 

The circuit court has two jurisdictions, first, original, 
in criminal and in civil cases ; second, appellate in all 
cases appealed from the county courts or from justices 
of the peace. The salary of the circuit judges is S3 500. 
How is the salary of the circuit clerk determined ? 



Appellate Court. 

You noticed that while three judges were elected for 
each of the circuits, only two were engaged in the duty 
of holding the sessions of court in the different counties. 
The third judge is a member of the appellate court. 
There are four such courts in the State, each one hav- 
ing jurisdiction over certain counties, together called a 
district. These districts are as follows : — 

First — Cook County. 

Second — Counties of Boone, Bureau, Carroll, De 
Kalb, Du Page, Grundy, Henderson, Henry, Iroquois, 
Jo Daviess, Kane, Kankakee, Kendall, Knox, Lake, 
La Salle, Lee, Livingston, Marshall, McHenry, Mer- 
cer, Ogle, Peoria, Putnam, Rock Island, Stark, Stephen- 
son, Warren, Whiteside, Will, Winnebago, and Woodford. 



68 CIVIL GOVERNMENT OF ILLINOIS. 

Third — Counties of Adams, Brown, Cass, Calhoun, 
Champaign, Christian, Clark, Coles, Cumberland, De 
Witt, Douglas, Edgar, Ford, Fulton, Greene, Hancock, 
Jersey, Logan, Macon, Macoupin, Mason, McDonough, 
McLean, Menard, Montgomery, Morgan, Moultrie, Piatt, 
Pike, Sangamon, Schuyler, Scott, Shelby, Tazewell, and 
Vermilion. 

Fourth — Counties of Alexander, Bond, Clay, Clin- 
ton, Crawford, Edwards, Effingham, Fayette, Franklin, 
Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, 
Johnson, Lawrence, Madison, Marion, Massac, Monroe, 
Perry, Pope, Pulaski, Randolph, Richland, Saline, St. 
Clair, Union, Wabash, Washington, Wayne, White, and 
Williamson. 

The supreme court of the State selects, from the 
judges elected in the circuits three to act as judges of 
the appellate court. 

It will be necessary to have a clerk, and one is elected 
from the district ; there must be a sheriff, and so the sheriff 
of the county where the court meets performs that duty. 

When it is stated that the judges themselves try all 
cases, doing without a jury, we see that our court is 
equipped for work. To this court may come nearly all 
classes of cases appealed from county and circuit courts, 
excepting criminal cases. They are appealed to the 
supreme court. That there may be some end to litiga- 
tion when small sums are in dispute, it is provided that 
unless the sum in dispute be $1000 or more, the case 
cannot be taken from the appellate to the supreme 
court. The judges are paid the same salary as those 
of the circuit court. The clerk is paid by fees. 



THE STATE. 69 

The supreme court is the highest judicial authority in 
our State, and no one can appeal a case from it to the 
supreme court of the United States, unless it is a case 
in which a State law is alleged to be in conflict with 
the Constitution of the United States. 

Our supreme court consists of seven judges, elected 
for a period of nine years. To elect these seven, the 
State is divided into seven election districts, each dis- 
trict electing one. You will find these districts given in 
the constitution. These seven judges elect one of their 
number chief justice. 

This court has original jurisdiction in matters pertain- 
ing to the revenues of the State. You have already 
learned in what it has appellate jurisdiction. For pur- 
poses of holding court, the State is divided into three 
grand divisions and each of them elects a clerk; the 
sheriff of the county in which the court meets attends 
the sessions, so the court has a complete equipment 
of officers. The grand divisions are called southern, 
central, and northern, and correspond to the appellate 
court divisions as follows : southern grand division is 
fourth appellate ; central grand is third appellate, and 
northern grand is first and second appellate. Once a 
year, at Mt. Vernon, Springfield, and Ottawa, the court 
holds a session. Each supreme court judge receives 
$5000 a year. The clerks are paid by fees. 

You have learned that all the judges of the State are 
elective. Do you think it would be better if they were 
appointed for life ? Can you think of arguments on 
both sides ? 



70 CIVIL GOVERNMENT OF ILLINOIS, 



CHAPTER V. 
CITIES AND VILLAGES. 
I. 
CITIES ! LEGISLATIVE DEPARTMENT. 

We have studied about the town, the county, and the 
State. In this study, the town was taken as the unit. 
But we must not think that there are no smaller divi- 
sions of our State. Smaller in area than the town are 
cities and villages. 

Previous to the constitution of 1870, each city, on 
becoming such, secured a charter from the Assembly 
and was governed by its terms. By the constitution of 
1870, you will find that this is impossible. (See article 4, 
paragraph 22.) Now when it is desired to form a city, 
the people organize by what is called the " general law," 
and divide the territory into divisions called wards. The 
people no longer have a purely democratic form of gov- 
ernment as in the town, but representative government 
has taken its place. While the people are the real 
legislative department, they have delegated their power 
to a body of men called a city council. This is com- 
posed of a mayor and aldermen. The latter vary in 
number from six to forty-eight according to popula- 
tion. 

The term of the council is two years. One alder- 



CITIES AXD VIII AGES. 7 1 

man is elected from each ward each year. This elec- 
tion is on the third Tuesday of April, unless the limits 
of the city are the same as the town's. When this is 
the case,, the election is on the regular day for town 
elections. The council meet at such times as it deter- 
mines, and the meetings are open to all. The powers 
of the council are such as you would expect in a body 
of men making laws for the city. In general, we may 
say such powers as the people had who gave them 
their authority. The more important are to appropriate 
money, levy taxes, regulate licenses, and care for the 
streets. 

II. 

THE EXECUTIVE DEPARTMENT. 

The mayor presides at the meetings of the council, 
but has no vote except in the case of a tie. He is 
charged, in general, with seeing that the laws of the 
city are executed. Belonging to the executive depart- 
ment of the city, and elected at the same time as the 
council, are a city clerk and a city treasurer. After 
what we have learned, it will not be necessary to enu- 
merate here the special duties of these officers. The 
council may provide by a two-thirds vote for the elec- 
tion by the people, or for the appointment by the mayor 
with the consent of the council, of the following addi- 
tional executive officers : assessor and collector, comp- 
troller and superintendent of streets. If the city 
assessor and collector are not elected or appointed, who 
will collect the city taxes ? 



72 CIVIL GOVERNMENT OF ILLINOIS. 

The comptroller exercises a general supervision over 
all the officers of the city who have the handling of 
money. He makes an estimate to the council once a 
year, of the amount of money required to defray the 
expenses of the city government during the ensuing 
year. The superintendent of streets has charge of the 
streets and sidewalks, and sees that they are kept in 
repair. 

III. 

THE JUDICIAL DEPARTMENT. 

In all cities of 5000 population, there may be estab- 
lished a city court. This court has concurrent jurisdic- 
tion with the circuit court in all civil cases, and in all 
criminal, except treason and murder. A judge is elected 
for four years, and a clerk for the same time. The 
sheriff of the county, or his deputy, must attend the 
sessions of the court. 

A city attorney is elected by the people once in two 
years. He is the lawyer of the city, and as such gives 
advice to the city government, prosecutes offenders, and 
conducts any lawsuits the city may undertake. By 
appointment or by election, the following additional 
officers may be included in the judicial department of 
the city : corporation counsel, police magistrates, mar- 
shals and policemen. The corporation counsel " is the 
chief official of the law department of the city." He is 
not needed in small cities. Police magistrates are 
elected for four years. They have the same jurisdic- 
tion as justices. The marshal is the chief of police, 
and with the police is responsible for public order. 



CITIES AXD VILLAGES. 73 

Villages. 

Some communities of the State are under village 
government. Three trustees are elected each year to 
serve two years. A president is elected each year to 
preside over the board of trustees, but without a vote 
except in case of a tie. A clerk is elected annually and 
the trustees may appoint a treasurer, one or more street 
commissioners, a constable, and any other necessary 
officers. The election is on the third Tuesday of April, 
unless the limits of the village and town are the same. 
In that case it occurs on the same day as the town 
meeting. The compensation of officers in city and vil- 
lage is fixed by the council and trustees respectively, 
whose own pay cannot exceed $3 for each meeting. 



74 CIVIL GOVERNMENT OF ILLINOIS. 



CHAPTER VI. 

OUR SCHOOL SYSTEM. 

I. 

THE SCHOOL FUND. 

The bill to enable the Territory of Illinois to become 
a State was passed April 18, 1818. In this bill were 
several provisions of great importance to the educa- 
tional interests of the State. First, by the vigilance 
and energy of our delegate in Congress, Nathaniel 
Pope, it was embodied in the act that three per cent of 
the net proceeds of the sale of public lands in the pro- 
posed State should be devoted to purposes of educa- 
tion. Of this three per cent, one-sixth was to be 
bestowed on a college or university. It was provided 
in this act that two entire townships should be reserved 
for the use of a seminary of learning. It was also pro- 
vided that section 16 in each township should be 
granted to the State "for the use of the inhabitants of 
such township for the use of schools." If these lands 
had been wisely handled, a princely revenue would have 
accrued to the State for its common school system. As 
it was, many of them were sold at very low prices, and 
yet in spite of mismanagement the school fund of the 
State is large. The seminary fund is about $60,000. 
The three per cent fund is over $600,000. The college 



OUR SCHOOL SYSTEM. 75 

fund is over Si 50,000. There is a further fund of nearly 
3336,000, which is called the surplus revenue fund, and 
consists of monev loaned bv Congress to the several 
States, and which has never been asked for and probably 
never will be. More than this was given to the State, 
— it amounts to a gift, — but the above sum was made 
by the State a part of the school fund. All these funds 
are loaned to the State and interest is paid by the State 
at the rate of six per cent. The interest on the college 
and seminary funds is divided equally between the two 
normal schools ; the interest on the remainder forms 
our permanent State school fund. How much is it? 

In addition to this interest, the State raises and dis- 
tributes each year. throughout the State for education, 
S 1,000,000. Nor is this all. We must not lose sight of 
section 16. Most of these sections are sold, but esti- 
mating the value of what are not sold, the value of the 
township funds in the State is over S 10, 500,000. The 
interest of these is used for school purposes. 

With this brief statement of the school funds, we 
may glance at the organization of the school system. 

The State superintendent of public instruction stands 
at the head of the system ; next to him in rank, are the 
superintendents in each county ; next, the trustees ; 
lastly, the directors. We have seen that the township 
is the unit in school matters, but smaller than this is 
the unit called the district, of which the directors have 
charge. 



?6 CIVIL GOVERNMENT OF ILLINOIS. 

II. 

THE DISTRICT. 

This unit is obtained by giving the trustees power to 
divide the township into suitable divisions called dis- 
tricts. Each of these smaller school units elects three 
directors. The term is three years, and one is elected 
each year on the third Saturday of April. It is neces- 
sary for the directors to give ten days' notice of such 
election. Where have we found notice of election nec- 
essary ? Have we ever found it unnecessary ? In this 
notice, the matters that will come before the meeting 
must be specified. 

At the annual election the directors must present to 
the voters present, a report of the receipts and expen- 
ditures of the district during the year, and it is also a 
part of their duty to send a copy of this report to the 
treasurer within five days previous to the election. The 
directors meet within ten days after election and elect 
one of their number clerk, and one president. Re- 
membering that the directors are the people repre- 
sented by three, their powers are much as we should 
expect them to be. First, they may levy a tax not to 
exceed two per cent for school purposes and three 
per cent for building. This two per cent tax will be 
levied, if the directors find it to be necessary after 
knowing the district's share of the State and township 
funds. The sum that the directors need must be stated 
in proper form to the treasurer on or before the first 
Tuesday of August annually. They must maintain 



OUR SCHOOL SYSTEM. 77 

school at least five months * in a year, and not more 
than nine, except by vote of the people. 

If the teacher's schedules are found correct, the 
directors must certify to the fact and give the teacher 
an order on the treasurer for the sum due. These 
duties pertain to the directors as business men. In 
their next duty it is assumed that they are good judges 
of a teacher, for they appoint all teachers, fix their pay, 
and dismiss them for incompetency. They may make 
any rules or regulations they deem necessary for the 
good of the schools ; they visit them when they think 
best. They direct what branches of study shall be 
taught and what text-books shall be used. However, 
they may not change text-books oftener than once in 
four years. 

Although directors have such large powers in the 
district, you will notice that there is one power that 
they lack ; they have no power to examine teachers as 
to their knowledge and skill in teaching. That duty 
belongs to the county superintendent. 



III. 

BOARDS OF EDUCATION. 

If there are more than 2000 people in the district, a 
board of education is elected, consisting of six members 
and three additional members for every additional 
10,000 inhabitants. Term three years. Cities, towns, 
and districts, containing not less than 1000 and not 

1 Twenty-two school days in a month. 



7 '8 CIVIL GOVERNMENT OF ILLINOIS. 

more than 20,000 inhabitants, and which are now 
managing the schools under some special act, may also 
organize under the general law and elect a board of 
education. In cities of more than 100,000, the board 
consists of twenty-one members appointed by the 
mayor and confirmed by the council. 

The powers of the boards of education and their 
manner of election correspond very closely with those 
of the directors ; there are some additional powers con- 
ferred, and among them this : " Such board shall have 
power to examine and employ teachers." Please bear 
this in mind when we come to county superintendents. 



IV. 

THE TRUSTEES AND TREASURER. 

Trustees are the school officers of the township, not 
of the town. This was explained while we were study- 
ing the town. When are they elected ? 

The term is three years, one being elected each 
year. The board organizes by electing one of their 
number president, and also electing some person not a 
trustee or director, treasurer. The treasurer, who is 
also clerk of the board, must give a sufficient bond. 
Two regular meetings are held, one on the first Mon- 
day of April, the other on the first Monday of October. 

The trustees have power to divide the township into 
suitable school districts according to the wish of a 
majority of the inhabitants. 

Their most important duty is a financial one. We 



OUR SCHOOL SYSTEM, 79 

have noticed that the townships have a school fund. 
This is in the care of the trustees. The interest on 
this fund, together with the funds coming from the 
State, is divided among the several districts that have 
complied with the law in maintaining their schools. 
This distribution is made by the trustees on the basis 
of the number of persons in each district under twenty- 
one years of age. The sum thus apportioned is placed 
to the credit of each district on the books of the treas- 
urer, and is paid out on the orders of the directors of 
such district. If there is a township high school the 
trustees have charge of it. They serve without pay. 

The treasurer whom the trustees appoint cares for 
the school money of the township. From what sources 
does this come ? Part of it is permanent. What was 
the source of the permanent principal ? 

The treasurer must keep this permanent fund at 
interest. Twice a year, at the regular meetings of 
the trustees, he must report the financial condition of 
the township and settle with the trustees ; once a year 
he must make a complete report of the fiscal condi- 
tion of each district and of the township. He must 
also make a report to the county superintendent each 
year. His term is two years ; salary fixed by trustees. 



80 CIVIL GOVERNMENT OE ILLINOIS. 

V. 

THE COUNTY SUPERINTENDENT. 

The county superintendent is one of the most im- 
portant officers in connection with our school system. 
Besides his business relations with school officers in the 
county, it is his especial duty to assist each teacher in 
all ways possible. We can see that great opportunities 
are in the way of each superintendent, and many such 
in our State have been of the greatest good to the 
cause of education. 

His duties as an educator are these : As the head of 
the educational system of the county, he must hold 
examinations at least once in three months of per- 
sons desiring to teach. For this examination a fee of 
$i is charged. If the candidate is successful in pass- 
ing the examination, he is granted a certificate for a 
certain length of time. The certificate permits direc- 
tors to engage the services of the one holding it. If 
the superintendent renews this certificate, he charges a 
dollar. 1 This goes to support the county institute. 
This institute is held in each county at least five days 
in each year. They have been the means of greatly 
increasing the knowledge, skill, and efficiency of the 

1 The supreme court held in Kunster v. Board of Education, 134 
111. 165, that the power granted to boards of education organized under 
the school law of 1872 to examine and employ teachers, renders it unnec- 
essary for teachers employed by such boards to be examined by the 
county superintendent. A bill to change the law and to require the certifi- 
cate of the county superintendent in all schools of this class was intro- 
duced into the last Assembly, but did not become a law. 



OUR SCHOOL SYSTEM, 8 1 

teachers. The superintendent must visit each school in 
the county at least once in each year. If the county 
has less than one hundred schools, the county board 
may limit the number of days for which the superin- 
tendent shall be paid ; if there are more than one hun- 
dred, he is paid for all his time. This is at the rate of 
S4 a day for time spent, and an allowance of Si a day 
for expenses in visiting schools. In these visits by coun- 
sel and advice he assists the teachers. He has certain 
business duties : the bonds of the treasurers of the town- 
ships must be approved by him ; thereupon he pays to 
them all funds in his hands belonging to the townships ; 
he pays to the different townships their part of the 
State fund. He makes this apportionment on the basis 
of the number of persons under twenty-one years of 
age in each township. He reports to the county board 
' and to the State superintendent. In addition to these 
duties, he must keep an account of all sums of money 
received or paid out. He receives as compensation, in 
addition to that mentioned, two per cent on all money 
passing through his hands. His bond is for Si 2,000. 



VI. 



THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

As the head of the school system of the State, the 
superintendent is charged with a general oversight of 
educational matters. He is to consult and correspond 
with the county superintendents as to the proper per- 
formance of their duties. The law says that he is to be 



82 CIVIL GOVERNMENT OF ILLINOIS. 

their adviser and assistant. Also he is to consult with 
teachers of experience in regard to educational matters. 
In the performance of his duties he visits all parts of 
the State, and imparts enthusiasm and unity to the 
work of the teachers. 

He reports biennially to the governor the condition 
of the schools. This report is published and distrib- 
uted. His bond is for $25,000; his salary, $3500. 



VII. 

THE STATE EDUCATIONAL INSTITUTIONS. 

Forming a part of the system of public instruction 
are the State university and the two normal schools. 
The University of Illinois, located at Urbana, Cham- 
paign County, was established in 1867. It aims to 
furnish a complete literary, scientific, technical, or agri- 
cultural education. 

It has large equipments, and the facilities offered to 
the young men and women of the State are exception- 
ally good. Acting regent, T. J. Burrill. The faculty 
numbers thirty-eight. It is controlled by a board of 
twelve. Of these, nine are elected by a popular vote 
for a term of six years. In addition, the governor, the 
superintendent of public instruction, and the president 
of the State board of agriculture are members ex officio. 

The Northern Normal University is located at Nor- 
mal, McLean County. It was established in 1857. Its 
object, in common with the Southern Normal, is to fit 
teachers for service in the public schools of the State. 



OUR SCHOOL SYSTEM. 83 

In this work it has done efficient service. President, 
J. W. Cook. The faculty numbers eighteen. It is con- 
trolled by a board of fifteen. Of these, fourteen are 
nominated by the governor and confirmed by the Sen- 
ate ; the State superintendent is a member ex officio. 

The Southern Normal University is located at Car- 
bondale, Jackson County. It was established in 1869. 
It has done a valuable work for this section of the 
State. President, John Hull. The faculty numbers 
sixteen. It is controlled by a board of six. Of these, 
five are nominated by the governor and confirmed by 
the Senate ; the State superintendent is a member ex 
officio. 

To provide for additional normal instruction, each 
county, or two or more together, may establish a county 
normal school for the purpose of fitting teachers for 
the common schools. If the county is under " township 
organization," the board of supervisors establish the 
school ; if not, the county court. The management is 
in the hands of a county board of education of not less 
than five nor more than eight. The county superin- 
tendent is a member of this board ex officio, or the 
county judge if the county has not adopted "township 
organization." The other members are chosen for three 
years, either by the board of supervisors or the county 
court, according to the government of the county. 

The framers of this law no doubt hoped that many 
such schools would be established. At the present 
time, however, only one is in operation. It is situated 
at Englewood, in Cook County. Francis W. Parker is 
principal. 



84 CIVIL GOVERNMENT OF ILLINOIS. 



CHAPTER VII. 

THE STATE CHARITABLE. PENAL AND REFORMA- 
TORY INSTITUTIONS. 

I. 

CHARITABLE INSTITUTIONS. 

Illinois has great reason to be proud of her public 
charities. They are a glowing tribute to the philan- 
thropy of her people. Nearly 6000 inmates find a 
home in these institutions. The State appropriates for 
their maintenance over $1,000,000 a year. They are 
ten in number, and are under the supervision of the 
commissioners of public charities. They are the fol- 
lowing : — 

I. Institution for the Blind. 
II. Institution for the Deaf and Dumb. 

III. Charitable Eye and Ear Infirmary. 

IV. Institution for Feeble-minded Children. 
V. Central Hospital for the Insane. 

VI. Eastern Hospital for the Insane. 

VII. Northern Hospital for the Insane. 

VIII. Southern Hospital for the Insane. 

IX. Soldiers 1 Orphans' Home. 

X. Soldiers* and Sailors' Home. 

I. Is located at Jacksonville, Morgan County. 
II. At the same place. 
III. Is located at Chicago. 



REFORMATORY INSTITUTIONS. 85 

IV. Is located at Lincoln, Logan County. 

V. At Jacksonville, Morgan County. 

VI. Is located at Kankakee, Kankakee County. 

VII. Is located at Elgin, Kane County. 

VIII. Is located at Anna, Union County. 

IX. Is located at Normal, McLean County. 

X. Is located at Quincy, Adams County. 

These ten institutions are controlled by boards of 
three persons nominated by the governor and confirmed 
by the Senate. The term is uniform at six years. No 
compensation is allowed, but they receive their neces- 
sary expenses. 



II. 



PENAL AND REFORMATORY INSTITUTIONS. 

Of these, the State has three, — two penitentiaries and 
one reformatory. The largest penitentiary is at Joliet, 
Will County. It is managed by three commissioners. 
Once each month they meet at the penitentiary to in- 
quire into all matters relating to its management. They 
elect a warden. Each commissioner receives $1500 a 
year. Term six years. The other penitentiary is located 
at Chester, Randolph County. The management is 
similar to that at Joliet. 

It will be interesting to consult the fourth amend- 
ment to the constitution w T ith reference to the peniten- 
tiaries and the State reformatory. 

What was formerly known as the Reform School, by 
act of the Assembly approved June 18, 1891, becomes 



86 CIVIL GOVERNMENT OF ILHINOIS. 

the Illinois State Reformatory. The inmates include 
two classes : first, those between the ages of ten and 
sixteen ; second, those between sixteen and twenty-one. 
The managers are to adopt such rules as shall be most 
efficient in preventing the prisoners, when discharged, 
from returning to criminal courses, best secure their 
self-support and accomplish their reformation. The 
managers are five in number, and hold office for ten 
years. The commissioners of the penitentiaries and the 
managers of the reformatory are nominated by the gov- 
ernor, and confirmed by the Senate. They receive no 
salary, but are paid traveling expenses. 



THE ELECTION LAW, 87 



CHAPTER VIIL 
THE ELECTION LAW. 

As we have traced the political life of our State and 
the methods the people have put in practice to secure 
good government, we must have thought that if the 
privilege of voting was abused, the ends aimed at in 
our system of government would be largely lost. While 
the privilege of voting is justly held to be the greatest 
privilege of a citizen, it is true that to exercise that 
privilege unworthily is one of the greatest wrongs that 
a voter can inflict on the State. The evils of corrup- 
tion in voting have become so great that a large num- 
ber of our States have enacted what is generally known 
as the " Australian Ballot Law." June 22, 1891, such 
a law went into force in Illinois. All elections must be 
held under this law except for trustees of schools, school 
directors, members of boards of education, and officers 
of road districts. 

The first provision of the law that we will notice is 
this : the ballots are printed at public expense. Can you 
suggest the reason for this ? If the election is for a 
State officer, the expense is borne by the State ; if for 
a county officer, by the county ; and if for a city, town, 
or village officer, by such city, town, or village. 

Persons are nominated according to a prescribed 
method, and the nominations must be made in the case of 
State officers thirty days previous to election ; in county 



88 CIVIL GOVERNMENT OF ILLINOIS. 

officers the same ; in other cases, fifteen days. When 
State officers are to be elected, the nominations are 
certified by the secretary of State to the county clerks ; 
in case of county officers and city and town officers, 
the nominations are sent directly to the several clerks 
by those making the nominations. 

These nominations are printed on one ballot and in 
the following form : — 



O DEMOCRATIC. 


O REPUBLICAN. 


O PROHIBITION. 


For Governor. 


For Governor. 


For Governor. 


□ JOHN M. PALMER. 


□ JOSEPH W. FIFER. 


□ DAVID H. HARTS. 


For Lieutenant-Governor. 


For Lieutenant-Governor. 


For Lieutenant-Governor. 


□ ANDREW J. BELL. 


□ LYMAN B. RAY. 


□ JOS. L. WHITLOCK. 


For Secretary of State. 


For Secretary of State. 


For Secretary of State. 


□ NEWELL D. RICKS. 


□ 1. N. PEARSON. 


□ JAMES R. HANNA. 



At each voting place booths are prepared at public 
expense. These are furnished with shelves at a con- 
venient height for writing, and on the shelves are ink, 
pens, and pencils. When any one desires to vote, he 
gives his name to the judges of election, and it is an- 
nounced "in a loud and distinct tone of voice." If the 
name is on the registration list, one of the judges gives 
the voter a ballot, one only, and on the back the judge 
indorses his own initials. Then the voter passes within 
the booth. The door or curtain in front of the booth 
screens him from observation. Here he makes a mark 
thus ( x ) on the ballot, in the inclosed space at the left 
of the party name, if he desires to vote the whole party 



THE ELECTION LAW. 89 

ticket ; and if he so desires to vote, no further mark is 
necessary. If he places a cross opposite a party name, 
he may still vote for others of some other party group 
by placing a cross opposite such names, and in that 
case his vote will be counted for the candidates of the 
party designated, excepting those separate candidates 
before whose name he has placed a cross. If a voter 
does not desire to vote for any candidates on the ballot, 
he may write in on a blank space the person for whom 
he votes, and place a cross before each name written in. 
If one ballot is spoiled, the voter may obtain another. 

A voter who cannot read is assisted by the judges to 
prepare his ballot. After marking his ballot, the voter 
folds it so as to conceal the marks and hands it to the 
proper officer. The officer must not place any mark 
on the back of the ballot by means of which it can be 
ascertained how the person voted. What is the reason 
for this provision ? The voter then passes out and 
another takes his place. An important provision of the 
law is that no one shall be allowed to solicit or elec- 
tioneer within one hundred feet of the polls. What 
evil is this meant to remedy ? It will be noticed that 
no one can carry a ballot away with him. 

Considering the law as a whole, what ends does it 
aim to secure ? 



For convenience, although the State is so soon to be 
redistricted, the congressional districts are here given. 
The present National House of Representatives con- 
sists of three hundred and twenty-five members, and 
the ratio adopted for each representative is 151.911. 



90 CIVIL GOVERNMENT OF ILLINOIS. 

According to this ratio, Illinois has twenty Congress- 
men, elected from the districts following : — 

First — The first, second, third, and fourth wards in 
Chicago, and the towns Riverside, Hyde Park, Lake, 
Lyons, Calumet, Worth, Palos, Lemont, Thornton, 
Bremen, Orland, Bloom, in the county of Cook. 

Second — The fifth, sixth, and seventh wards of Chi- 
cago, and that part of the eigth ward which lies south 
of the center of Polk street and of MacAllister place. 

Third — The ninth, tenth, eleventh, twelfth, thir- 
teenth, and fourteenth wards of Chicago, and that part 
of the eighth ward which lies north of the center of 
Polk street and of MacAllister place. 

Fourth — The fifteenth, sixteenth, seventeenth, and 
eighteenth wards of Chicago, and the towns of Lake 
View, Jefferson, Leyden, Norwood Park, Evanston, 
Niles, Maine, Elk Grove, Schaumberg, Hanover, New 
Trier, Northfield, Wheeling, Palatine, Barrington, Cicero, 
and Proviso, in the county of Cook. 

Fifth — Lake, McHenry, Boone, De Kalb, and Kane 
counties. 

Sixth — Winnebago, Stephenson, Jo Daviess, Ogle, 
and Carroll counties. 

Seventh — Lee, Whiteside, Henry, Bureau, and Put- 
nam. 

Eighth — La Salle, Kendall, Grundy, Will, and Du 
Page. 

Ninth — Kankakee, Iroquois, Ford, Livingston, Wood- 
ford, and Marshall. 

Tenth — Peoria, Knox, Stark, and Fulton. 

Eleventh — Rock Island, Mercer, Henderson, War- 
ren, Hancock, McDonough, and Schuyler. 



THE ELECTION LAW. 9 1 

Twelfth — Cass, Brown, Adams, Pike, Scott, Greene, 
Jersey, and Calhoun. 

Thirteenth — Tazewell, Mason, Menard, Sangamon, 
Morgan, and Christian. 

Fourteenth — McLean, De Witt, Piatt, Macon, and 
Logan. 

Fifteenth — Coles, Edgar, Douglas, Vermilion, and 
Champaign. 

Sixteenth — Cumberland, Clark, Jasper, Crawford, 
Clay, Richland, Lawrence, Wayne, Edwards, and Wa- 
bash. 

Seventeenth — Macoupin, Montgomery, Shelby, 
Moultrie, Effingham, and Fayette. 

Eighteenth — Bond, Madison, St. Clair, Monroe, and 
Washington. 

Nineteenth — Marion, Clinton, Jefferson, Franklin, 
Hamilton, White, Saline, Gallatin, and Hardin. 

Twentieth — Perry, Randolph, Jackson, Williamson, 
Union, Johnson, Pope, Alexander, Pulaski, and Massac. 



CONSTITUTION 

OF THE 

STATE OF ILLINOIS. 



Adopted in Convention at Springfield, May 13TH, A.D. 1870. 

[Ratified by the People, July 2, 1870; in force, August 8, 1870; 
amended in 1878, 1880, 1884, 1886, and 1890.] 



PREAMBLE. 



We, the people of the State of Illinois — grateful to Almighty 
God for the civil, political, and religious liberty which He hath so 
long permitted us to enjoy, and looking to Him for a blessing upon 
our endeavors to secure and transmit the same unimpaired to suc- 
ceeding generations — in order to form a more perfect government, 
establish justice, insure domestic tranquillity, provide for the com- 
mon defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish 
this Constitution for the State of Illinois. 



ARTICLE I. 

BOUNDARIES. 

The boundaries and jurisdiction of the State shall be as follows, 
to-wit : Beginning at the mouth of the Wabash river : thence up 
the same, and with the line of Indiana to the northwest corner of 
said State ; thence east, with the line of the same State, to the 



CONSTITUTION OF ILLINOIS. 

middle of Lake Michigan ; thence north along the middle of said 
lake to north latitude forty-two degrees and thirty minutes ; thence 
west to the middle of the Mississippi river, and thence down along 
the middle of that river to its confluence with the Ohio river, and 
thence up the latter river along its northwestern shore to the place 
of beginning : Provided, that this State shall exercise such juris- 
diction upon the Ohio river as she is now entitled to, or such as 
may hereafter be agreed upon by this State and the State of Ken- 
tucky. 

ARTICLE II. 

BILL OF RIGHTS. 



§ i. Inherent and Inalienable Rights. 

§ 2. Due Process of Law. 

§ 3. Liberty of Conscience Guaranteed. 

§ 4. Freedom of Speech — Libel. 

§ 5. Right of Trial by Jury. 

§ 6. Unreasonable Searches and Seizures. 

§ 7. Bail Allowed — Writ of Habeas Cor- 
pus. 

§ 8. Indictment Required — Grand Jury. 

§ 9. Rights of Persons Accused of 
Crime. 

§ 10. Self-Crimination — Acquittal. 



§ 11. Penalties no Corruption of Blood or 

Forfeiture of Estate. 
§ 12. Imprisonment for Debt. 
§ 13. Compensation for Property Taken. 
§ 14. Ex Post Facto Laws — Contracts — 

Irrevocable Grants. 
§ 15. Military Subordinate to Civil Power. 
§ 16. Quartering of Soldiers. 
§ 17. Right of Assembly and Petition. 
§ 18. Elections to be Free and Equal. 
§ 19. Protection of the Law. 
§ 20. Fundamental Principles. 



§ i . All men are by nature free and independent, and have cer- 
tain inherent and inalienable rights — among these are life, liberty, 
and the pursuit of happiness. To secure these rights and the pro- 
tection of property, governments are instituted among men, deriving 
their just powers from the consent of the governed. 

§ 2. No person shall be deprived of life, liberty, or property with- 
out due process of law. 

§ 3. The free exercise and enjoyment of religious profession and 
worship, without discrimination, shall forever be guaranteed ; and no 
person shall be denied any civil or political right, privilege, or ca- 
pacity on account of his religious opinions ; but the liberty of con- 
science hereby secured shall not be construed to dispense with oaths 
or affirmations, excuse acts of licentiousness, or justify practices 
inconsistent with the peace or safety of the State. No person shall 
be required to attend or support any ministry or place of worship 



CONSTITUTION OF ILLINOIS. 

against his consent, nor shall any preference be given by law to any 
religious denomination or mode of worship. 

§ 4. Every person may freely speak, write, and publish on all 
subjects, being responsible for the abuse of that liberty ; and in all 
trials for libel, both civil and criminal, the truth, when published 
with good motives and for justifiable ends, shall be a sufficient 
defense. 

§ 5. The right of trial by jury, as heretofore enjoyed, shall re- 
main inviolate ; but the trial of civil cases before justices of the 
peace, by a jury of less than twelve men, may be authorized by 
law. 

§ 6. The right of the people to be secure in their persons, houses, 
papers, and effects against unreasonable searches and seizures, shall 
not be violated ; and no warrant shall issue without probable cause, 
supported by affidavit, particularly describing the place to be 
searched, and the persons or things to be seized. 

§ 7. All persons shall be bailable by sufficient sureties, except 
for capital offenses, where the proof is evident or the presumption 
great ; and the privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the public 
safety may require it. 

§ 8. No person shall be held to answer for a criminal offense, 
unless on indictment of a grand jury, except in cases in which the 
punishment is by fine, or imprisonment otherwise than in the peni- 
tentiary, in cases of impeachment, and in cases arising in the army 
and navy, or in the militia when in actual service in time of war or 
public danger : Provided, that the grand jury may be abolished by 
law in all cases. 

§ 9. In all criminal prosecutions the accused shall have the right 
to appear and defend in person and by counsel ; to demand the 
nature and cause of the accusation, and to have a copy thereof; to 
meet the witnesses face to face, and to have process to compel the 
attendance of witnesses in his behalf, and a speedy public trial by 
an impartial jury of the county or district in which the offense is 
alleged to have been committed. 

$ 10. No person shall be compelled in any criminal case to give 
evidence against himself, or be twice put in jeopardy for the same 
offense. 

3 



CONSTITUTION OF ILLINOIS. 

§li. All penalties shall be proportioned to the nature of the 
offense ; and no conviction shall work corruption of blood or for- 
feiture of estate ; nor shall any person be transported out of the 
State for any offense committed within the same. 

§ 12. No person shall be imprisoned for debt, unless upon refusal 
to deliver up his estate for the benefit of his creditors, in such man- 
ner as shall be prescribed by law ; or in cases where there is strong 
presumption of fraud. 

§ 13. Private property shall not be taken or damaged for public 
use without just compensation. Such compensation, when not 
made by the State, shall be ascertained by a jury, as shall be pre- 
scribed by law. The fee of land taken for railroad tracks, without 
consent of the owners thereof, shall remain in such owners, subject 
to the use for which it is taken. 

§ 14. No ex post facto law, or law impairing the obligation of 
contracts, or making any irrevocable grant of special privileges or 
immunities, shall be passed. 

§ 15. The military shall be in strict subordination to the civil 
power. 

§ 16. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner ; nor in time of war except 
in the manner prescribed by law. 

§ 17. The people have the right to assemble in a peaceable man- 
ner to consult for the common good, to make known their opinions 
to their representatives, and to apply for redress of grievances. 

§ 18. All elections shall be free and equal. 

§ 19. Every person ought to find a certain remedy in the laws 
for all injuries and wrongs which he may receive in his person, 
property, or reputation ; he ought to obtain, by law, right and jus- 
tice freely, and without being obliged to purchase it, completely and 
without denial, promptly and without delay. 

§ 20. A frequent recurrence to the fundamental principles of civil 
government is absolutely necessary to preserve the blessings of 
liberty. 

4 



CONSTITUTION OF ILLINOIS. 
ARTICLE III. 

DISTRIBUTION OF POWERS. 

The powers of the government of this State are divided into three 
distinct departments — the Legislative, Executive, and Judicial ; 
and no person, or collection of persons, being one of these depart- 
ments, shall exercise an}' power properly belonging to either of the 
others, except as hereinafter expressly directed or permitted. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 



§ i. General Assembly. 

§ 2. Elections — Vacancies. 

§ 3. Who are Eligible. 

§ 4. Disqualification by Crime. 

§ 5. Oath of Officers. 

§ 6. Senatorial Apportionment. 

§§ 7 and 8. Representatives — (Inopera- 
tive) . 

§ 7 and 8. Minority Representation. 

§ 9. Time of Meeting — General Rules. 

§ 10. Open Sessions — Adjournments — 
Journals — Protests. 

§ 11. Style of Laws. 

§ 12. Origin and Passage of Bills. 

§ 13. Reading — Printing — Title — Amend- 
ments. 

§ 14. Privileges of Members. 

§ 15. Disabilities of Members. 

§ 16. Appropriations. 



§ 17. Payment of Money — Statement of 
Expenses. 

§ 18. Ordinary Expenses — Casual Defi- 
cits — Appropriations Limited. 

§ 19. Extra Compensation or Allowance. 

§ 20. Public Credit not Loaned. 

§ 21. Pay and Mileage of Members. 

§ 22. Special Legislation Prohibited. 

§ 23. Against Release from Liability. 

§ 24. Proceedings on Impeachment. 

§ 25. Fuel, Stationery, and Printing. 

§ 26. State not to be Sued. 

§ 27. Lotteries and Gift Enterprises. 

§ 28. Terms of Office not Extended. 

§ 29. Protection of Minors. 

§ 30. Concerning Roads — Public and Pri- 
vate. 

§ 31. Draining and Ditching. 

§ 32. Homestead and Exemption Laws. 

§ 33. Completion of the State House. 



§ i . The legislative power shall be vested in a general assembly,, 
which shall consist of a senate and house of representatives, both 
to be elected by the people. 



ELECTION. 

§ 2. An election for members of the general assembly shall be 
held on the Tuesday next after the first Monday in November, in 



CONSTITUTION OF ILLINOIS. 

the year of our Lord one thousand eight hundred and seventy, and 
every two years thereafter, in each county, at such places therein 
as may be provided by law. When vacancies occur in either house, 
the governor, or person exercising the powers of governor, shall 
issue writs of election to fill such vacancies. 

ELIGIBILITY AND OATH. 

§ 3. No person shall be a senator who shall not have attained 
the age of twenty-five years, or a representative who shall not have 
attained the age of twenty-one years. No person shall be a senator 
or a representative who shall not be a citizen of the United States 
and who shall not have been for five years a resident of this State, 
and for two years next preceding his election a resident within the 
territory forming the district from which he is elected. No judge 
or clerk of any court, secretary of state, attorney general, stated 
attorney, recorder, sheriff, or collector of public revenue, members 
of either house of congress, or person holding any lucrative office 
under the United States or this State, or any foreign government, 
shall have a seat in the general assembly : Provided, that appoint- 
ments in the militia, and the offices of notary public and justice of 
the peace, shall not be considered lucrative. Nor shall any person 
holding any office of honor or profit under any foreign government, 
or under the government of the United States (except postmasters 
whose annual compensation does not exceed the sum of three hun- 
dred dollars), hold any office of honor or profit under the authority 
of this State. 

§ 4. No person who has been, or hereafter shall be convicted of 
bribery, perjury, or other infamous crime, nor any person who has 
been or may be a collector or holder of public moneys, who shall 
not have accounted for and paid over, according to law, all such 
moneys due from him, shall be eligible to the general assembly, or 
to any office of profit or trust in this State. 

§ 5. Members of the general assembly, before they enter upon 
their official duties, shall take and subscribe the following oath or 
affirmation : 

" I do solemnly swear (or affirm) that I will support the constitution of the 
United States and the constitution of the State of Illinois, and will faithfully dis- 
charge the duties of senator (or representative) according to the best of my 

6 



CONSTITUTION OF ILLIXOIS. 

ability: and that I have not knowingly or intentionally paid or contributed any- 
thing, or made any promise in the nature of a bribe, to directly or indirectly in- 
fluence any vote at the election at which I was chosen to fill the said office, and 
have not accepted, nor will I accept or receive, directly or indirectly, any money 
or other valuable thing from any corporation, company, or person for any vote 
or influence I may give or withhold on any bill, resolution, or appropriation, or 
for any other official act." 

This oath shall be administered by a judge of the supreme or 
circuit court in the hall of the house to which the member is elected, 
and the secretary of state shall record and file the oath subscribed 
by each member. Any member who shall refuse to take the oath 
herein prescribed shall forfeit his office, and every member who 
shall be convicted of having sworn falsely to, or of violating, his 
said oath, shall forfeit his office and be disqualified thereafter from 
holding any office of profit or trust in this State. 

APPORTIONMENT — SENATORIAL . 

§ 6. The general assembly shall apportion the State every ten 
years, beginning with the year one thousand eight hundred and 
seventy-one, by dividing the population of the State, as ascertained 
by the federal census, by the number fifty-one, and the quotient 
shall be the ratio of representation in the senate. The State shall 
be divided into fifty-one senatorial districts, each of which shall 
elect one senator, whose term of orifice shall be four years. The 
senators elected in the year of our Lord one thousand eight hun- 
dred and seventy-two, in districts bearing odd numbers, shall vacate 
their orifices at the end of two years, and those elected in districts 
bearing even numbers at the end of four years : and vacancies oc- 
curring by the expiration of term shall be filled by the election of 
senators for the full term. Senatorial districts shall be formed of 
contiguous and compact territory, bounded by county lines, and 
contain as near as practicable an equal number of inhabitants ; but 
no district shall contain less than four-fifths of the senatorial ratio. 
Counties containing not less than the ratio and three-fourths may 
be divided into separate districts, and shall be entitled to two sen- 
ators, and to one additional senator for each number of inhabitants 
equal to the ratio contained by such counties in excess of twice the 
number of said ratio. 

7 



CONSTITUTION OF ILLINOIS. 



REPRESENTATIVES. 

§ 7. The population of the State, as ascertained by the federal 
census, shall be divided by the number one hundred and fifty- 
three, and the quotient shall be the ratio of representation in the 
house of representatives. Every county or district shall be en- 
titled to one representative, when its population is three-fifths of 
the ratio ; if any county has less than three-fifths of the ratio, it 
shall be attached to the adjoining county having the least popu- 
lation, to which no other county has, for the same reason, been 
attached, and the two shall constitute a separate district. Every 
d county or district having a population not less than the ratio and 
'■g three-fifths, shall be entitled to two representatives, and for each 
g additional number of inhabitants, equal to the ratio, one repre- 
£ sentative. Counties having over two hundred thousand inhabi- 
£ tants, may be divided into districts, each entitled to not less than 
£ three nor more than five representatives. After the year one 
o thousand eight hundred and eighty, the whole population shall be 
1 E divided by the number one hundred and fifty-nine, and the 
o quotient shall be the ratio of representation in the house of 
representatives for the ensuing ten years, and six additional 
S representatives shall be added for every five hundred thousand 
>> increase of population at each decennial census thereafter, and 
a* be apportioned in the same manner as above provided. 
'■§ §8. When a county or district shall have a fraction of popu- 
« lation above what shall entitle it to one representative, or more, 
c according to the provisions of the foregoing section, amounting 
to one-fifth of the ratio, it shall be entitled to one additional 
representative in the fifth term of each decennial period ; when 
such fraction is two-fifths of the ratio, it shall be entitled to an 
additional representative in the fourth and fifth terms of said 
period ; when the fraction is three-fifths of the ratio, it shall be 
entitled to an additional representative in the first, second, and 
third terms, respectively ; when a fraction is four-fifths of the 
ratio, it shall be entitled to an additional representative in the 
first, second, third, and fourth terms, respectively. 

NOTE. — By the adoption of minority representation, {$ 7 and 8 of this article, 
above set forth, cease to be a part of the constitution. Under § 12 of the 
schedule, and the vote of adoption, the following section relating to minority 
representation is substituted for said sections : 



CONSTITUTION OF ILLINOIS. 

MINORITY REPRESENTATION. 

§§ 7 and 8. The house of representatives shall consist of three 
times the number of the members of the senate, and the term of 
office shall be two years. Three representatives shall be elected in 
each senatorial district at the general election in the year of our 
Lord one thousand eight hundred and seventy-two, and every two 
years thereafter. In all elections of representatives aforesaid, each 
qualified voter may cast as many votes for one candidate as there 
are representatives to be elected, or may distribute the same, or 
equal parts thereof, among the candidates, as he shall see fit; and 
the candidates highest in votes shall be declared elected. 

TIME OF MEETING AND GENERAL RULES. 

§ 9. The sessions of the general assembly shall commence at 
twelve o'clock noon, on the Wednesday next after the first Monday 
in January, in the year next ensuing the election of members 
thereof, and at no other time, unless as provided by this constitu- 
tion. A majority of the members elected to each house shall 
constitute a quorum. Each house shall determine the rules of its 
proceedings, and be the judge of the election, returns, and qualifica- 
tions of its members ; shall choose its own officers ; and the senate 
shall choose a temporary president to preside when the lieutenant 
governor shall not attend as president, or shall act as governor. 
The secretary of state shall call the house of representatives to 
order at the opening of each new assembly, and preside over it 
until a temporary presiding officer thereof shall have been chosen 
and shall have taken his seat. No member shall be expelled by 
either house, except by a vote of two-thirds of all the members 
elected to that house, and no member shall be twice expelled for 
the same offense. Each house may punish by imprisonment any 
person not a member who shall be guilty of disrespect to the house 
by disorderly or contemptuous behavior in its presence. But no 
such imprisonment shall extend beyond twenty-four hours at one 
time, unless the person shall persist in such disorderly or con- 
temptuous behavior. 

§ 10. The door of each house and of committees of the whole 
shall be kept open, except in such cases as, in the opinion of the 



CONSTITUTION OF ILLINOIS. 

house, require secrecy. Neither house shall, without the consent of 
the other, adjourn for more than two days, or to any other place 
than that in which the two houses shall be sitting. Each house 
shall keep a journal of its proceedings, which shall be published. 
In the senate, at the request of two members, and in the house, at 
the request of five members, the yeas and nays shall be taken on 
any question, and entered upon the journal. Any two members 
of either house shall have liberty to dissent from and protest, in 
respectful language, against any act or resolution which they think 
injurious to the public or to any individual, and have the reasons of 
their dissent entered upon the journals. 

STYLE OF LAWS AND PASSAGE OF BILLS. 

§11. The style of the laws of this State shall be : " Be it enacted 
by the People of the State of Illinois , represented in the Ge?ieral As- 
sembly." 

§ 12. Bills may originate in either house, but may be altered, 
amended, or rejected by the other ; and on the final passage of all 
bills, the vote shall be by yeas and nays, upon each bill separately, 
and shall be entered upon the journal ; and no bill shall become a 
law without the concurrence of a majority of the members elected 
to each house. 

§ 13. Every bill shall be read at large on three different days, 
in each house ; and the bill and all amendments thereto shall be 
printed before the vote is taken on its final passage ; and every 
bill, having passed both houses, shall be signed by the speakers 
thereof. No act hereafter passed shall embrace more than one 
subject, and that shall be expressed in the title. But if any subject 
shall be embraced in an act which shall not be expressed in the 
title, such act shall be void only as to so much thereof as shall 
not be so expressed ; and no law shall be revived or amended by 
reference to its title only, but the law revived, or the section 
amended, shall be inserted at length in the new act. And no act 
of the general assembly shall take effect until the first day of July 
next after its passage, unless, in case of emergency (which emer- 
gency shall be expressed in the preamble or body of the act), the 
general assembly shall, by a vote of two-thirds of all the members 
elected to each house, otherwise direct. 

10 



CONSTITUTION OF ILLINOIS. 

PRIVILEGES AND DISABILITIES. 

§ 14. Senators and representatives shall, in all cases, except trea- 
son, felony, or breach of the peace, be privileged from arrest during the 
session of the general assembly, and in going to and returning from 
the same ; and for any speech or debate in either house, they shall 
not be questioned in any other place. 

§ 15. No person elected to the general assembly shall receive any 
civil appointment within this State from the governor, the governor 
and senate, or from the general assembly, during the term for 
which he shall have been elected ; and all such appointments, and 
all votes, given for any such members for any such office or appoint- 
ment, shall be void ; nor shall any member of the general assembly 
be interested, either directly or indirectly, in any contract with the 
State, or any county thereof, authorized by any law passed during 
the term for which he shall have been elected, or within one year 
after the expiration thereof. 

PUBLIC MONEY AND APPROPRIATIONS. 

§ 16. The general assembly shall make no appropriation of 
money out of the treasury in any private law. Bills making ap- 
propriations for the pay of members and officers of the general 
assembly and for the salaries of the officers of the government 
shall contain no provision on any other subject. 

§ 17. No money shall be drawn from the treasury except in pur- 
suance of an appropriation made by law, and on the presentation 
of a warrant issued by the auditor thereon ; and no money shall 
be diverted from any appropriation made for any purpose, or taken 
from any fund whatever, either by joint or separate resolution. 
The auditor shall, within sixty days after the adjournment of each 
session of the general assembly, prepare and publish a full state- 
ment of all money expended at such session, specifying the amount 
of each item, and to whom and for what paid. 

§ 18. Each general assembly shall provide for all the appropria- 
tions necessary, or the ordinary and contingent expenses of the 
government until the expiration of the first fiscal quarter after the 
adjournment of the next regular session, the aggregate amount of 
which shall not be increased without a vote of two-thirds of the 



CONSTITUTION OF ILLINOIS. 

members elected to each house, nor exceed the amount of revenue 
authorized by law to be raised in such time ; and all appropriations, 
general or special, requiring money to be paid out of the State 
treasury, from funds belonging to the State, shall end with such 
fiscal quarter : Provided, the State may, to meet casual deficits or 
failures in revenues, contract debts, never to exceed in the aggre- 
gate two hundred and fifty thousand dollars ; and moneys thus bor- 
rowed shall be applied to the purpose for which they were obtained, 
or to pay the debt thus created, and to no other purpose ; and no 
other debt, except for the purpose of repelling invasion, suppressing 
insurrection, or defending the State in war (for payment of which 
the faith of the State shall be pledged), shall be contracted, unless 
the law authorizing the same shall, at a general election, have been 
submitted to the people and have received a majority of the votes 
cast for members of the general assembly at such election. The 
general assembly shall provide for the publication of said law for 
three months, at least, before the vote of the people shall be taken 
upon the same ; and provision shall be made, at the time, for the 
payment of the interest annually, as it shall accrue, by a tax levied 
for the purpose, or from other sources of revenue ; which law, pro- 
viding for the payment of feuch interest by such tax, shall be irre- 
pealable until such debt be paid: And provided, further, that the 
law levying the tax shall be submitted to the people with the law 
authorizing the debt to be contracted. 

§ 19. The general assembly shall never grant or authorize extra 
compensation, fee, or allowance to any public officer, agent, servant, 
or contractor, after service has been rendered or a contract made, 
nor authorize the payment of any claim, or part thereof, hereafter 
created against the State under any agreement or contract made 
without express authority of law ; and all such unauthorized agree- 
ments or contracts shall be null and void : Provided, the general 
assembly may make appropriations for expenditures incurred in 
suppressing insurrection or repelling invasion. 

§ 20. The State shall never pay, assume, or become responsible 
for the debts or liabilities of, or in any manner give, loan, or extend 
its credit to, or in aid of, any public or other corporation, associa- 
tion, or individual. 

12 



s -> 



s 



COXSTITUTIOX OF ILLINOIS. 



PAY OF MEMBERS. 

i. The members of the general assembly shall receive for 



their services the sum of five dollars per day. during the first session 
held under this constitution, and ten cents for each mile necessarily 
traveled in going to and returning from the seat of government, to 
be computed by the auditor of public accounts : and thereafter such 
compensation as shall be prescribed by law. and no other allowance 
or emolument, directly or indirectly, for any purpose whatever, 
except the sum of fifty dollars per session to each member, which 
shall be in full for postage, stationery, newspapers, and all other 
incidental expenses and perquisites ; but no change shall be made 
in the compensation of the general assembly during the term for 
which they may have been elected. The pay and mileage allowed 
to each member of the general assembly shall be certified by the 
speakers of their respective houses, and entered on the journals, and 
published at the close of each session. 

SPECIAL LEGISLATION PROHIBITED. 

§ 22. The general assembly shall not pass local or special laws 
in any of the following enumerated cases, that is to say, for — 

Granting divorces : 

Changing the names of persons or places : 

Laying out. opening, altering, and working roads or highways ; 

Vacating roads, town plats, streets, alleys, and public grounds : 

Locating or changing county seats ; 

Regulating county and township affairs : 

Regulating the practice in courts of justice ; 

Regulating the jurisdiction and duties of justices of the peace, 
police magistrates, and constables ; 

Providing for changes of venue in civil and criminal cases ; 

Incorporating cities, towns, or villages, or changing or amending 
the charter of any town, city, or village : 

Providing for the election of members of the board of supervisors 
in townships, incorporated towns, or cities ; 

Summoning and impaneling grand or petit juries : 

Providing for the management of common schools ; 

Regulating the rate of interest on money : 

l 3 



CONSTITUTION OF ILLINOIS. 

The opening and conducting of any election, or designating the 
place of voting ; 

The sale or mortgage of real estate belonging to minors or others 
under disability ; 

The protection of game or fish ; 

Chartering or licensing ferries or toll bridges ; 

Remitting fines, penalties, or forfeitures ; 

Creating, increasing, or decreasing fees, percentage, or allowances 
of public officers, during the term for which said officers are elected 
or appointed ; 

Changing the law of descent ; 

Granting to any corporation, association, or individual, the right 
to lay down railroad tracks, or amending existing charters for such 
purposes. 

Granting to any corporation, association, or individual any special 
or exclusive privilege, immunity, or franchise whatever ; 

In all other cases where a general law can be made applicable, 
no special law shall be enacted. 

§ 23. The general assembly shall have no power to release or 
extinguish, in whole or in part, the indebtedness, liability, or obli- 
gation of any corporation or individual to this State or to any 
municipal corporation therein. 

IMPEACHMENT. 

§ 24. The house of representatives shall have the sole power of 
impeachment ; but a majority of all the members elected must con- 
cur therein. All impeachments shall be tried by the senate ; and 
when sitting for that purpose, the senators shall be upon oath or 
affirmation to do justice according to law and evidence. When the 
governor of the State is tried, the chief justice shall preside. No 
person shall be convicted without the concurrence of two-thirds of 
the senators elected. But judgment, in such cases, shall not ex- 
tend further than removal from office, and disqualification to hold 
any office of honor, profit, or trust under the government of this 
State. The party, whether convicted or acquitted, shall, neverthe- 
less, be liable to prosecution, trial, judgment, and punishment ac- 
cording to law. 

14 



CONSTITUTION OF ILLINOIS. 



MISCELLANEOUS. 

§ 25. The general assembly shall provide, by law, that the fuel, 
stationery, and printing paper furnished for the use of the State ; 
the copying, printing, binding, and distributing the laws and jour- 
nals, and all other printing ordered by the general assembly, shall 
be let by contract to the lowest responsible bidder ; but the general 
assembly shall fix a maximum price ; and no member thereof, or 
other officer of the State, shall be interested, directly or indirectly, 
in such contract. But all such contracts shall be subject to the 
approval of the governor, and if he disapproves the same, there 
shall be a re-letting of the contract, in such manner as shall be 
prescribed by law. 

§ 26. The State of Illinois shall never be made defendant in any 
'court of law or equity. 

§ 27. The general assembly shall have no power to authorize 
lotteries or gift enterprises, for any purpose, and shall pass laws 
to prohibit the sale of lottery or gift enterprise tickets in this State. 

§ 28. No law shall be passed which shall operate to extend the 
term of any public officer after his election or appointment. 

§ 29. It shall be the duty of the general assembly to pass such 
laws as may be necessary for the protection of operative miners, 
by providing for ventilation, when the same may be required, and 
the construction of escapement shafts, or such other appliances as 
may secure safety in all coal mines, and to provide for the enforce- 
ment of said laws by such penalties and punishment as may be 
deemed proper. 

§ 30. The general assembly may provide for establishing and 
opening roads and cartways, connected with a public road, for 
private and public use. 

§ 31. The general assembly may pass laws permitting the 

owners of land to construct drains, ditches, and levees for agri- « 

cultural, sanitary, or mining purposes, across the lands of others, 3 

and provide for the organization of drainage districts, and vest the \ 

corporate authorities thereof with power to construct and main- 8. 

tain levees, drains, and ditches, and to keep in repair all drains, 5 ' 

ditches, and levees heretofore constructed under the laws of this S" 

00 

State, by special assessments upon the property benefited thereby. 

J 5 



CONSTITUTION OF ILLINOIS. 

§ 32. The general assembly shall pass liberal homestead and 
exemption laws. 

§ 33. The general assembly shall not appropriate out of the 
State treasury, or expend on account of the new capitol grounds, 
and construction, completion, and furnishing of the State house, a 
sum exceeding in the aggregate three and a half millions of dollars, 
inclusive of all appropriations heretofore made, without first sub- 
mitting the proposition for an additional expenditure to the legal 
voters of the State at a general election ; nor unless a majority of 
all the votes cast at such election shall be for the proposed addi- 
tional expenditure. 

ARTICLE V. 

EXECUTIVE DEPARTMENT 



§ 1. Officers — Terms. 
§ 2. State Treasurer. 

3. Time of Electing State Officers. 

4. Returns — Tie — Contested Elec- 
tion. 

5. Eligibility for Office. 

6. Governor — Powers and Duty. 

7. His Message and Statement. 

§ 8. Convening the General Assembly. 
§ 9. Proroguing the General Assem- 
bly. 
§ 10. Nominations by the Governor. 
§ n. Vacancies may be Filled. 
§ 12. Removals by the Governor. 



§ 13. Reprieves — Commutations — Par- 
dons. 
§ 14. Governor as Commander-in-Chief. 
§ 15. Impeachment of Officers. 
§ 16. Veto Power. 
§ 17. Lieutenant Governor. 
§ 18. President of the Senate. 
§ 19. Vacancy in Governor's Office. 
§ 20. Vacancy in other State Offices. 
§ 21. Reports of State Officers. 
§ 22. Great Seal of Illinois. 
§ 23. Fees and Salaries. 
§ 24. Definition of " Office." 
§ 25. Oath of Civil Officers. 



§ i . The executive department shall consist of a governor, lieu- 
tenant governor, secretary of state, auditor of public accounts, treas- 
urer, superintendent of public instruction, and attorney general, who 
shall each, with the exception of the treasurer, hold his office for 
the term of four years from the second Monday of January next 
after his election and until his successor is elected and qualified. 
They shall, except the lieutenant governor, reside at the seat of 
government during their term of office, and keep the public records, 
books, and papers there, and shall perform such duties as may be 
prescribed by law. 

§ 2. The treasurer shall hold his office for the term of two years, 
and until his successor is elected and qualified ; and shall be ineli- 

16 



CONSTITUTION OF ILLINOIS. 

gible to said office for two years next after the end of the term for 
which he was elected. He may be required by the governor to 
give reasonable additional security, and in default of so doing his 
office shall be deemed vacant. 

ELECTION. 

§ 3. An election for governor, lieutenant governor, secretary of 
state, auditor of public accounts, and attorney general shall be held 
on the Tuesday next after the first Monday of November, in the 
year of our Lord one thousand eight hundred and seventy-two, and 
every four years thereafter ; for superintendent of public instruction, 
on the Tuesday next after the first Monday of November in the 
year one thousand eight hundred and seventy, and every four years 
thereafter ; and for treasurer on the day last above mentioned, and 
every two years thereafter, at such places and in such manner as 
may be prescribed by law. 

§ 4. The returns of every election for the above named officers 
shall be sealed up and transmitted by the returning officers to the 
secretary of state directed to the " Speaker of the House of Repre- 
sentatives," who shall, immediately after the organization of the 
house, and before proceeding to other business, open and publish 
the same in the presence of a majority of each house of the general 
assembly, who shall, for that purpose, assemble in the hall of the 
house of representatives. The person having the highest number 
of votes for either of said offices shall be declared duly elected; 
but if two or more have an equal, and the highest number of votes, 
the general assembly shall, by joint ballot, choose one of such per- 
sons for said office. Contested elections for all of said offices, shall 
be determined by both houses of the general assembly, by joint bal- 
lot, in such manner as may be prescribed by law. 

ELIGIBILITY. 

§ 5. No person shall be eligible to the office of governor or 
lieutenant governor who shall not have attained the age of thirty 
years, and been, for five years next preceding his election, a citizen 
of the United States and of this State. Neither the governor, lieu- 
tenant governor, auditor of public accounts secretary of state, 

17 



CONSTITUTION OF ILLINOIS. 

superintendent of public instruction, nor attorney general shall be 
eligible to any other office during the period for which he shall 
have been elected. 

GOVERNOR. 

§ 6. The supreme executive power shall be vested in the gov- 
ernor, who shall take care that the laws be faithfully executed. 

§ 7. The governor shall, at the commencement of each session, 
and at the close of his term of office, give to the general assembly 
information, by message, of the condition of the State, and shall 
recommend such measures as he shall deem expedient. He shall 
account to the general assembly, and accompany his message with 
a statement of all moneys received and paid out by him from any 
funds subject to his order, with vouchers, and at the commencement 
of each regular session, present estimates of the amount of money 
required to be raised by taxation for all purposes. 

§ 8. The governor may, on extraordinary occasions, convene the 
general assembly, by proclamation, stating therein the purpose for 
which they are convened, and the general assembly shall enter upon 
no business except that for which they were called together. 

§ 9. In case of a disagreement between the two houses with 
respect to the time of adjournment, the governor may, on the same 
being certified to him by the house first moving the adjournment, 
adjourn the general assembly to such time as he thinks proper, 
not beyond the first day of the next regular session. 

§ 10. The governor shall nominate, and by and w T ith the ad- 
vice and consent of the senate (a majority of all the senators 
elected concurring by yeas and nays), appoint all officers whose 
offices are established by this constitution, or which may be created 
by law, and whose appointment or election is not otherwise pro- 
vided for ; and no such officer shall be appointed or elected by the 
general assembly. 

§ 11. In case of a vacancy, during the recess of the senate, in 
any office which is not elective, the governor shall make a tempo- 
rary appointment until the next meeting of the senate, when he 
shall nominate some person to fill such office ; and any person so 
nominated who is confirmed by the senate (a majority of all the 
senators elected concurring by yeas and nays), shall hold his office 

18 



CONSTITUTION OF ILLINOIS. 

during the remainder of the term, and until his successor shall be 
appointed and qualified. No person, after being rejected by the 
senate, shall be again nominated for the same office at the same 
session, unless at the request of the senate, or be appointed to 
the same office during the recess of the general assembly. 

§ 12. The governor shall have power to remove any officer 
whom he may appoint, in case of incompetency, neglect of duty, or 
malfeasance in office ; and he may declare his office vacant and 
fill the same as is herein provided in other cases of vacancy. 

§ 13. The governor shall have power to grant reprieves, com- 
mutations, and pardons, after conviction, for all offenses, subject to 
such regulations as may be provided by law relative to the manner 
of applying therefor. 

§ 14. The governor shall be commander-in-chief of the military 
and naval forces of the State (except when they shall be called 
into the service of the United States), and may call out the same 
to execute the laws, suppress insurrection, and repel invasion. 

§ 15. The governor and all civil officers of the State shall be 
liable to impeachment for any misdemeanor in office. 

VETO. 

§ 16. Every bill passed by the general assembly shall, before 
it becomes a law, be presented to the governor. If he approve, 
he shall sign it, and thereupon it shall become a law ; but if he do 
not approve, he shall return it, with his objections, to the house 
in which it shall have originated, which house shall enter the 
objections at large upon its journal and proceed to reconsider > 
the bill. If then two-thirds of the members elected agree to pass p 
the same, it shall be sent, together with the objections, to the « 
other house, by which it shall likewise be reconsidered ; and if n 
approved by two-thirds of the members elected to that house, it ~ 
shall become a law, notwithstanding the objections of the gov- ~ 
ernor; but in all such cases the vote of each house shall be * 
determined by yeas and nays, to be entered upon the journal. 
Bills making appropriations of money out of the treasury shall 
specify the objects and purposes for which the same are made, 
and appropriate to them respectively their several amounts in 
distinct items and sections. And if the governor shall not 

19 



CONSTITUTION OF ILLINOIS. 

approve any one or more of the items or sections contained in 

any bill, but shall approve the residue thereof, it shall become a 

law, as to the residue, in like manner as if he had signed it. 

The governor shall then return the bill, with his objections to 

the items or sections of the same not approved by him, to the 

house in which the bill shall have originated, which house shall 

enter the objections at large upon its journal, and proceed to 

reconsider so much of said bill as is not approved by the gov- 

08 ernor. The same proceedings shall be had in both houses in 

c reconsidering the same as is hereinbefore provided in case of an 

■g entire bill returned by the governor with his objections ; and if 

g any item or section of said bill not approved by the governor 

| shall be passed by two-thirds of the members elected to each 

« of the two houses of the general assembly, it shall become part 

of said law, notwithstanding the objections of the governor. 

Any bill which shall not be returned by the governor within ten 

days (Sundays excepted) after it shall have been presented to 

him, shall become a law in like manner as if he had signed it, 

unless the general assembly shall by their adjournment prevent 

its return, in which case it shall be filed with his objections in 

the office of the secretary of state, within ten days after such 

adjournment, or become a law. 

LIEUTENANT GOVERNOR. 

§ 17. In case of the death, conviction on impeachment, failure 
to qualify, resignation, absence from the State, or other disability 
of the governor, the powers, duties, and emoluments of the office 
for the residue of the term, or until the disability shall be removed, 
shall devolve upon the lieutenant governor. 

§ 18. The lieutenant governor shall be president of the senate, 
and shall vote only when the senate is equally divided. The sen- 
ate shall choose a president, pro tempore, to preside in case of the 
absence or impeachment of the lieutenant governor, or when he 
shall hold the office of governor. 

§ 19. If there be no lieutenant governor, or if the lieutenant 
governor shall, for any of the causes specified in section seventeen 
of this article, become incapable of performing the duties of the 
office, the president of the senate shall act as governor until the 

20 



CONSTITUTION OF ILLINOIS. 

vacancy is filled or the disability removed ; and if the president of 
the senate, for any of the above named causes, shall become in- 
capable of performing the duties of governor, the same shall de- 
volve upon the speaker of the house of representatives. 

OTHER STATE OFFICERS. 

§ 20. If the office of auditor of public accounts, treasurer, sec- 
retary of state, attorney general, or superintendent of public in- 
struction shall be vacated by death, resignation, or otherwise, it 
shall be the duty of the governor to fill the same by appointment, 
and the appointee shall hold his office until his successor shall be 
elected and qualified in such manner as may be provided by law. 
An account shall be kept by the officers of the executive depart- 
ment, and of all the public institutions of the State, of all moneys 
received or disbursed by them, severally, from all sources, and for 
every service performed, and a semi-annual report thereof be made 
to the governor, under oath ; and any officer who makes a false 
report shall be guilty of perjury, and punished accordingly. 

§ 21. The officers of the executive department, and of all the 
public institutions of the State, shall, at least ten days preceding 
each regular session of the general assembly, severally report to 
the governor, who shall transmit such reports to the general as- 
sembly, together with the reports of the judges of the supreme 
court of defects in the constitution and laws ; and the governor 
may at any time require information, in writing, under oath, from 
the officers of the executive department, and all officers and man- 
agers of State institutions, upon any subject relating to the con- 
dition, management, and expenses of their respective offices. 

THE SEAL OF STATE. 

§ 22. There shall be a seal of the State, which shall be called 
the u Great Seal of the State of Illinois/ 1 which shall be kept by the 
secretary of state, and used by him, officially, as directed by law. 

FEES AND SALARIES. 

§ 23. The officers named in this article shall receive for their 
services a salary, to be established by law, which shall not be in- 



CONSTITUTION- OF ILLINOIS. 

creased or diminished during their official terms, and they shall 
not, after the expiration of the terms of those in office at the 
adoption of this constitution, receive to their own use any fees, 
costs, perquisites of office, or other compensation. And all fees 
that may hereafter be payable by law for any services performed by 
any officer provided for in this article of the constitution, shall be 
paid in advance into the State treasury. 

DEFINITION AND OATH OF OFFICE. 

§ 24. An office is a public position created by the constitution 
or law, continuing during the pleasure of the appointing power, or 
for a fixed time, with a successor elected or appointed. An em- 
ployment is an agency, for a temporary purpose, which ceases when 
that purpose is accomplished. 

§ 25. All civil officers, except members of the general assembly 
and such inferior officers as may be by law exempted, shall, before 
they enter on the duties of their respective offices, take and sub- 
scribe the following oath or affirmation : 

" I do solemnly swear (or affirm, as the case may be) that I will support the 
constitution of the United States, and the constitution of the State of Illinois, 

and that I will faithfully discharge the duties of the office of according to 

the best of my ability." 

And no other oath, declaration, of test shall be required as a 
qualification. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 



§ 1. Courts Established. 

§ 2. Supreme Court — Jurisdiction. 

§ 3. Qualifications of a Supreme Judge. 

§ 4. Terms of the Supreme Court. 

§ 5. Grand Divisions — Districts. 

§ 6. Election of Supreme Judges. 

§ 7. Salaries of the Supreme Judges. 

§ 8. Appeals and Writs of Error. 

§ 9. Reporter. 

§ 10. Clerks of the Supreme Court. 

§ 11. Appellate Courts Authorized. 

§ 12. Circuit Courts — Jurisdiction. 



§ 13. Judicial Circuits. 

§ 14. Time of holding Circuit Courts. 

§ 15. Judges — Increase. 

§ 16. Salaries of the Circuit Judges. 

§ 17. Qualifications of Judges and County 

Commissioners. 
§ 18. County Judges — County Clerks. 
§ 19. Appeals from County Courts. 
§ 20. Probate Courts Authorized. 
§ 21. Justices of the Peace and Constables. 
§ 22. State's Attorney in Each County. 
§ 23. Cook County Courts of Record. 



CONSTITUTION OF ILLINOIS. 



§ 24. Chief Justice — Power of Judges. 
§ 25. Salaries of the Judges. 
§ 26. Criminal Court of Cook County. 
§ 27. Clerks of Cook County Court. 
§ 28. Justices in Chicago. 



§ 29. Uniformity in the Courts. 

§ 30. Removal of any Judge. 

§ 31. Judges to Make Written Reports. 

§ 32. Terms of Office — Filling Vacancies. 

§ 33. Process — Prosecutions — Population. 



§ i. The judicial powers, except as in this article is otherwise 
provided, shall be vested in one supreme court, circuit courts, county 
courts, justices of the peace, police magistrates, and in such courts 
as may be created by law in and for cities and incorporated towns. 

SUPREME COURT. 

§ 2. The supreme court shall consist of seven judges, and shall 
have original jurisdiction in cases relating to the revenue, in manda- 
mus and habeas corpus* and appellate jurisdiction in all other cases. 
One of said judges shall be chief justice ; four shall constitute a 
quorum, and the concurrence of four shall be necessary to every 
decision. 

§ 3. No person shall be eligible to the office of judge of the su- 
preme court unless he shall be at least thirty years of age, and a 
citizen of the United States, nor unless he shall have resided in this 
State five years next preceding his election, and be a resident of the 
district in which he shall be elected. 

§ 4. Terms of the supreme court shall continue to be held in the 
present grand divisions at the several places now provided for hold- 
ing the same : and until otherwise provided by law. one or more 
terms of said court shall be held, for the northern division, in the 
city of Chicago each year, at such times as said court may appoint, 
whenever said city or the county of Cook shall provide appropriate 
rooms therefor, and the use of a suitable library, without expense to 
the State. The judicial divisions may be altered, increased, or 
diminished in number, and the times and places of holding said 
court may be changed by law. 

§ 5. The present grand divisions shall be preserved, and be de- 
nominated Southern, Central, and Northern, until otherwise pro- 
vided by law. The State shall be divided into seven districts for 
the election of judges, and until otherwise provided by law they 
shall be as follows : 

First District. — The counties of St. Clair, Clinton, Washington, 



23 



CONSTITUTION OF ILLINOIS. 

Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, 
Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, 
Hardin, Pope, Union, Johnson, Alexander, Pulaski, and Massac. 

Second District. — The counties of Madison, Bond, Marion, Clay, 
Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Mont- 
gomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Cal- 
houn, and Christian. 

Third District. — The counties of Sangamon, Macon, Logan, De 
Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, 
Ford, Iroquois, Coles, Edgar, Moultrie, and Tazewell. 

Fourth District. — The counties of Fulton, McDonough, Han- 
cock, Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, 
Cass, and Scott. 

Fifth District. — The counties of Knox, Warren, Henderson, 
Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, La Salle, 
Grundy, and Woodford. 

Sixth District. — The counties of Whiteside, Carroll, Jo Daviess, 
Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, De 
Kalb, Lee, Ogle, and Rock Island. 

Seventh District. — The counties of Lake, Cook, Will, Kankakee, 
and Du Page. 

The boundaries of the districts may be changed at the session of 
the general assembly next preceding the election for judges therein, 
and at no other time ; but whenever such alterations shall be made 
the same shall be upon the rule of equality of population, as nearly 
as county boundaries will allow, and the districts shall be composed 
of contiguous counties, in as nearly compact form as circumstances 
will permit. The alteration of the districts shall not affect the 
tenure of office of any judge. 

§ 6. At the time of voting on the adoption of this constitution, 
one judge of the supreme court shall be elected by the electors 
thereof, in each of said districts numbered two, three, six, and seven, 
who shall hold his office for the term of nine years from the first 
Monday of June, in the year of our Lord one thousand eight hun- 
dred and seventy. The term of office of judges of the supreme 
court, elected after the adoption of this constitution, shall be nine 
years ; and on the first Monday of June of the year in which the 
term of any of the judges in office at the adoption of this constitu- 

24 



CONSTITUTION OF ILLINOIS. 

tion, or of the judges then elected, shall expire, and every nine 
years thereafter, there shall be an election for the successor or suc- 
cessors of such judges in the respective districts wherein the term of 
such judges shall expire. The chief justice shall continue to act as 
such until the expiration of the term for which he was elected, after 
which the judges shall choose one of their number chief justice. 

§ 7. From and after the adoption of this constitution, the judges 
of the supreme court shall each receive a salary of four thousand 
dollars per annum, payable quarterly, until otherwise provided by 
law. And after said salaries shall be fixed by law, the salaries of 
the judges in orrlce shall not be increased or diminished during the 
terms for which said judges shall have been elected. 

§ 8. Appeals and writs of error may be taken to the supreme 
court held in the grand division in which the case is decided, or, by 
consent of the parties, to any other grand division. 

§ 9. The supreme court shall appoint one reporter of its de- 
cisions, who §hall hold his office for six years, subject to removal 
by the court. 

§ 10. At the time of the election of representatives in the general 
assembly, happening next preceding the expiration of the terms of 
office of the present clerks of said court, one clerk of said court 
for each division shall be elected, whose term of office shall be six 
years from said election, but who shall not enter upon the duties 
of his office until the expiration of the term of his predecessor, and 
every six years thereafter one clerk of said court for each division 
shall be elected. 

APPELLATE COURTS. 

§ 11. After the year of our Lord one thousand eight hundred 
and seventy-four, inferior appellate courts, of uniform organization 
and jurisdiction, may be created in districts formed for that pur- 
pose, to which such appeals and writs of error as the general 
assembly may provide, may be prosecuted from circuit and other 
courts, and from which appeals and writs of error shall lie to the 
supreme court, in all criminal cases, and cases in which a franchise, 
or freehold, or the validity of a statute is involved, and in such 
other cases as may be provided by law. Such appellate courts 
shall be held by such number of judges of the circuit courts, and 



CONSTITUTION OF ILLINOIS. 

at such times and places, and in such manner as may be provided 
by law ; but no judge shall sit in review upon cases decided by 
him ; nor shall said judges receive any additional compensation for 
such services. 

CIRCUIT COURTS. 

§ 12. The circuit courts shall have original jurisdiction of all 
causes in law and equity, and such appellate jurisdiction as is or 
may be provided by law, and shall hold two or more terms each 
year in every county. The terms of office of judges of circuit 
courts shall be six years. 

§ 13. The State, exclusive of the county of Cook and other coun- 
ties having a population of one hundred thousand, shall be divided 
into judicial circuits, prior to the expiration of the terms of office 
of the present judges of the circuit courts. Such circuits shall be 
formed of contiguous counties, in as nearly compact form and as 
nearly equal as circumstances will permit, having due regard to 
business, territory, and population, and shall not exceed in number 
one circuit for every one hundred thousand of population of the 
State. One judge shall be elected for each of said circuits by the 
electors thereof. New circuits may be formed and the boundaries 
of circuits changed by the general assembly, at its session next 
preceding the election for circuit judges, but at no other time : 
Provided, that the circuits may be equalized or changed at the first 
session of the general assembly after the adoption of this consti- 
tution. The creation, alteration, or change of any circuit shall not 
affect the tenure of office of any judge. Whenever the business of 
the circuit court of any one, or of two or more contiguous counties, 
containing a population exceeding fifty thousand, shall occupy nine 
months of the year, the general assembly may make of such 
county, or counties, a separate circuit. Whenever additional circuits 
are created, the foregoing limitations shall be observed. 

§ 14. The general assembly shall provide for the times of hold- 
ing court in each county : which shall not be changed, except by 
the general assembly next preceding the general election for judges 
of said courts ; but additional terms may be provided for in any 
county. The election for judges of the circuit courts shall be held 
on the first Monday in June, in the year of our Lord one thousand 
eight hundred and seventy-three, and every six years thereafter. 

26 



COXSTITUTIOX OF 1LLIX0IS. 

§ 15. The general assembly may divide the State into judicial 
circuits of greater population and territory, in lieu of the circuits 
provided for in section thirteen of this article, and provide for the 
election therein, severally, by the electors thereof, by general ticket, 
of not exceeding four judges, who shall hold the circuit courts in 
the circuit for which they shall be elected, in such manner as may 
be provided by law. 

§ 16. From and after the adoption of this constitution, judges 
of the circuit courts shall receive a salary of three thousand dollars 
per annum, payable quarterly, until otherwise provided by law. and 
after their salaries shall be fixed by law they shall not be increased 
or diminished during the terms for which said judges shall be, 
respectively, elected : and from and after the adoption of this con- 
stitution, no judge of the supreme or circuit court shall receive 
any other compensation, perquisite, or benefit, in any form whatso- 
ever, nor perform any other than judicial duties to which may 
belong any emoluments. 

§ 17. Xo person shall be eligible to the office of judge of the 
circuit or any inferior court, or to membership in the "board of 
county commissioners." unless he shall be at least twenty-five years 
of age. and a citizen of the United States, nor unless he shall have 
resided in this State five years next preceding his election, and be a 
resident of the circuit, county, city, cities, or incorporated town in 
which he shall be elected. 

COUNTY COURTS. 

§ 18. There shall be elected in and for each county one county 
judge and one clerk of the county court, whose terms of office shall be 
four years. But the general assembly may create districts of two or 
more contiguous counties, in each of which shall be elected one 
judge, who shall take the place of and exercise the powers and juris- 
diction of county judges in such districts. County courts shall be 
courts of record and shall have original jurisdiction in all matters 
of probate, settlement of estates of deceased persons, appointment 
of guardians and conservators and settlements of their accounts, in 
all matters relating to apprentices, and in proceedings for the col- 
lection of taxes and assessments, and such other jurisdiction as may 
be provided for by general law. 



CONSTITUTION OF ILLINOIS. 

§ 19. Appeals and writs of error shall be allowed from final deter- 
minations of county courts, as may be provided by law. 

PROBATE COURTS. 

§ 20. The general assembly may provide for the establishment 
of a probate court in each county having a population of over fifty 
thousand, and for the election of a judge thereof, whose term of 
office shall be the same as that of the county judge, and who shall 
be elected at the same time and in the same manner. Said courts, 
when established, shall have original jurisdiction of all probate 
matters, the settlement of estates of deceased persons, the appoint- 
ment of guardians and conservators, and settlements of their ac- 
counts ; in all matters relating to apprentices, and in cases of sales 
of real estate of deceased persons for the payment of debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

§ 21. Justices of the peace, police magistrates, and constables 
shall be elected in and for such districts as are, or may be, pro- 
vided by law, and the jurisdiction of such justices of the peace and 
police magistrates shall be uniform. 

state's attorneys. 

§ 22. At the election for members of the general assembly in 
the year of our Lord one thousand eight hundred and seventy- two, 
and every four years thereafter, there shall be elected a State's at- 
torney in and for each county, in lieu of the State's attorneys now 
provided by law, whose terms of office shall be four years. 

COURTS OF COOK COUNTY. 

§ 23. The county of Cook shall be one judicial circuit. The 
circuit court of Cook county shall consist of five judges, until their 
number shall be increased as herein provided. The present judge 
of the recorder's court of the city of Chicago, and the present judge 
of the circuit court of Cook county, shall be two of said judges, and 
shall remain in office for the terms for which they were respectively 
elected, and until their successors shall be elected and qualified. 
The superior court of Chicago shall be continued, and called the 

28 



CONSTITUTION OF ILLINOIS. 

"Superior Court of Cook County." The general assembly may 
increase the number of said judges, by adding one to either of said 
courts for every additional fifty thousand inhabitants in said county 
over and above a population of four hundred thousand. The terms 
of office of the judges of said courts, hereafter elected, shall be six 
years. 

§ 24. The judge having the shortest unexpired term shall be 
chief justice of the court of which he is a judge. In case there are 
two or more whose terms expire at the same time, it may be de- 
termined by lot which shall be chief justice. Any judge of either 
of said courts shall have all the powers of a circuit judge, and may 
hold the court of which he is a member. Each of them may hold 
a different branch thereof at the same time. 

§ 25. The judges of the superior and circuit courts, and the 
State's attorney, in said county, shall receive the same salaries, 
payable out of the State treasury, as is or may be paid from said 
treasury to the circuit judges and State's attorneys of the State, 
and such further compensation, to be paid by the county of Cook, 
as is or may be provided by law. Such compensation shall not be 
changed during their continuance in office. 

§ 26. The recorder's court of the city of Chicago shall be con- 
tinued, and shall be called the " Criminal Court of Cook County." 
It shall have the jurisdiction of a circuit court in all cases of crim- 
inal and quasi criminal nature, arising in the county of Cook, or 
that may be brought before said court pursuant to law : and all re- 
cognizances and appeals taken in said county, in criminal and quasi 
criminal cases, shall be returnable and taken to said court. It shall 
have no jurisdiction in civil cases, except in those on behalf of the 
people, and incident to such criminal or quasi criminal matters, and 
to dispose of unfinished business. The terms of said criminal court 
of Cook county shall be held by one or more of the judges of the 
circuit or superior court of Cook county, as nearly as may be in 
alternation, as may be determined by said judges, or provided by 
law. Said judges shall be ex-officio judges of said court. 

§ 27. The present clerk of the recorder's court of the city of 
Chicago shall be the clerk of the criminal court of Cook county dur- 
ing the term for which he was elected. The present clerks of the 
superior court of Chicago, and the present clerk of the circuit court 

29 



CONSTITUTION OF ILLINOIS. 

of Cook county, shall continue in office during the terms for which 
they were respectively elected ; and thereafter there shall be but one 
clerk of the superior court, to be elected by the qualified electors of 
said county, who shall hold his office for the term of four years, and 
until his successor is elected and qualified. 

§ 28. All justices of the peace in the city of Chicago shall be 
appointed by the governor, by and with the advice and consent of 
the senate (but only upon the recommendation of a majority of the 
judges of the circuit, superior and county courts), and for such 
districts as are now or shall hereafter be provided by law. They 
shall hold their offices for four years, and until their successors 
have been commissioned and qualified, but they may be removed by 
summary proceeding in the circuit or superior court, for extortion 
or other malfeasance. Existing justices of the peace and police 
magistrates may hold their offices until the expiration of their 
respective terms. 

GENERAL PROVISIONS. 

§ 29. All judicial officers shall be commissioned by the governor. 
All laws relating to courts shall be general and of uniform operation ; 
and the organization, jurisdiction, powers, proceedings, and practice 
of all courts of the same class or grade, so far as regulated by law, 
and the force and effect of the process, judgments, and decrees of 
such courts, severally, shall be uniform. 

§ 30. The general assembly may, for cause entered on the jour- 
nals, upon due notice and opportunity of defense, remove from office 
any judge, upon concurrence of three-fourths of all the members 
elected, of each house. All other officers in this article mentioned 
shall be removed from office on prosecution and final conviction for 
misdemeanor in. office. 

§ 31. All judges of courts of record, inferior to the supreme 
court, shall, on or before the first day of June of each year, report 
in writing to the judges of the supreme court such defects and 
omissions in the laws as their experience may suggest ; and the 
judges of the supreme court shall, on or before the first day of 
January of each year, report in writing to the governor such defects 
and omissions in the constitution and laws as they may find to ex- 
ist, together with appropriate forms of bills to cure such defects and 



CONSTITUTION OF ILLINOIS. 

omissions in the laws. And the judges of the several circuit courts 
shall report to the next general assembly the number of days they 
have held court in the several counties composing their respective 
circuits, the preceding two years. 

§ 32. All officers provided for in this article shall hold their offices 
until their successors shall be qualified, and they shall, respectively, 
reside in the division, circuit, county, or district for which they may 
be elected or appointed. The terms of office of all such officers, 
where not otherwise prescribed in this article, shall be four years. 
All officers, where not otherwise provided for in this article, shall 
perform such duties and receive such compensation as is or may be 
provided by law. Vacancies in such elective offices shall be filled 
by election : but where the unexpired term does not exceed one year 
the vacancy shall be rilled by appointment, as follows : Of judges, 
by the governor : of clerks of courts, by the court to which the office 
appertains, or by the judge or judges thereof; and of all such other 
offices, by the board of supervisors, or board of county commission- 
ers, in the county where the vacancy occurs. 

§ 33. All process shall run: In the name of the People of the 
State of Illinois ; and all prosecutions shall be carried on: In the 
name and by the authority of the People of the State of Illinois ; 
and conclude : Against the peace and dignity of the same. " Pop- 
ulation, ,? wherever used in this article, shall be determined by the 
next preceding census of this State, or of the United States. 

ARTICLE VII. 



SUFFRAGE. 



§ 1. Qualification of Voters. 
§ 2. All Voting to be by Ballot. 
§ 3. Privileges of Electors. 

§ 4. Voting Residence. 



§ 5. Soldier in U. S. Army. 
§ 6. Qualifications for Office. 
§ 7. Persons Convicted of Crime. 



§ i. Every person having resided in this State one year, in the 
county ninety days and in the election district thirty days next pre- 
ceding any election therein, who was an elector in this State on the 
first day of April, in the year of our Lord one thousand eight hun- 
dred and forty-eight, or obtained a certificate of naturalization, 
before any court of record in this State, prior to the first day of 



3i 



CONSTITUTION- OF ILLINOIS. 

January, in the year of our Lord one thousand eight hundred and 
seventy, or who shall be a male citizen of the United States, above 
the age of twenty-one years, shall be entitled to vote at such election. 

§ 2. All votes shall be by ballot. 

§ 3. Electors shall, in all cases except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at 
elections and in going to and returning from the same. And no 
elector shall be required to do military duty on the days of election, 
except in time of war or public danger. 

§ 4. No elector shall be deemed to have lost his residence in this 
State by reason of his absence on business of the United States or 
of this State, or in the military or naval service of the United States. 

§ 5. No soldier, seaman, or marine in the army or navy of the 
United States shall be deemed a resident of this State in consequence 
of being stationed therein. 

§ 6. No person shall be elected or appointed to any office in 
this State, civil or military, who is not a citizen of the United 
States, and who shall not have resided in this State one year next 
preceding the election or appointment. 

§ 7. The general assembly shall pass laws excluding from the 
right of suffrage persons convicted of infamous crimes. 



ARTICLE VIII. 



EDUCATION. 



§ 1. Free Schools. 

§ 2. Gifts or Grants in aid of Schools. 

§ 3. Aid to Sectarian Schools Prohibited. 



4. Sale of Text Books — Teachers and 

Officers. 

5. County Superintendent of Schools. 



§ i . The general assembly shall provide a thorough and efficient 
system of free schools whereby all children of this State may re- 
ceive a good common school education. 

§ 2. All lands, moneys, or other property, donated, granted, or 
received for school, college, seminary, or university purposes, and the 
proceeds thereof, shall be faithfully applied to the objects for which 
such gifts or grants were made. 

§ 3. Neither the general assembly nor any county, city, town, 
township, school district, or other public corporation shall ever make 

32 



CONSTITUTION OF ILLINOIS. 

any appropriation or pay from any public fund whatever, anything 
in aid of any church or sectarian purpose, or to help support or sus- 
tain any school, academy, seminary, college, university, or other liter- 
ary or scientific institution, controlled by any church or sectarian 
denomination whatever ; nor shall any grant or donation of land, 
money, or other personal property ever be made by the State or any 
such public corporation to any church or for any sectarian purpose. 

§ 4. No teacher, State, county, township, or district school officer 
shall be interested in the sale, proceeds, or profits of any book, ap- 
paratus, or furniture, used or to be used in any school in this State, 
with which such officer or teacher may be connected, under such 
penalties as may be provided by the general assembly. 

§ 5. There may be a county superintendent of schools in each 
county, whose qualifications, powers, duties, compensation, and time 
and manner of election and term of office shall be prescribed bylaw. 

ARTICLE IX. 



REVENUE. 



§ 1. Taxation Shall be Uniform. 

§ 2. Other and Further Taxation. 

§ 3. Property Exempt from Taxation. 

§ 4. Sale of Real Property for Taxes. 

§ 5. Right of Redemption. 

§ 6. Release from Taxation Forbidden. 



§ 7. Taxes Paid into State Treasury. 

§ 8. Limitation on County Taxes. 

§ 9. Local Municipal Improvements. 

§ 10. Municipal Taxation. 

§ 11. Defaulting Officers. 

§ 12. Limation of Municipal Indebtedness. 



§ i. The general assembly shall provide such revenue as may 
be needful by levying a tax, by valuation, so that every person and 
corporation shall pay a tax in proportion to the value of his, her, 
or its property — such value to be ascertained by some person or 
persons to be elected or appointed in such manner as the general 
assembly shall direct, and not otherwise ; but the general assembly 
shall have power to tax peddlers, auctioneers, brokers, hawkers, 
merchants, commission merchants, showmen, jugglers, inn-keepers, 
grocery-keepers, liquor-dealers, toll-bridges, ferries, insurance, tele- 
graph and express interests or business, venders of patents, and per- 
sons or corporations owning or using franchises and privileges, in 
such manner as it shall from time to time direct by general law, 
uniform as to the class upon which it operates. 

33 



CONSTITUTION OF ILLINOIS. 

§ 2. The specification of the objects and subjects of taxation 
shall not deprive the general assembly of the power to require other 
subjects or objects to be taxed, in such manner as may be consist- 
ent with the principles of taxation fixed in this constitution. 

§ 3. The property of the State, counties, and other municipal 
corporations, both real and personal, and such other property as 
may be used exclusively for agricultural and horticultural societies, 
for school, religious, cemetery, and charitable purposes, may be ex- 
empted from taxation ; but such exemption shall be only by general 
law. In the assessment of real estate incumbered by public ease- 
ment, any depreciation occasioned by such easement may be de- 
ducted in the valuation of such property. 

§ 4. The general assembly shall provide, in all cases where it 
may be necessary to sell real estate for the non-payment of taxes or 
special assessments, for State, county, municipal, or other purposes, 
that a return of such unpaid taxes or assessments shall be made to 
some general officer of the county having authority to receive State 
and county taxes ; and there shall be no sale of said property for 
any of said taxes or assessments but by said officer, upon the order 
or judgment of some court of record. 

§ 5. The right of redemption from all sales of real estate for the 
non-payment of taxes or special assessments of any character what- 
ever, shall exist in favor of owners and persons interested in such 
real estate for a period of not less than two years from such sales 
thereof. And the general assembly shall provide, by law, for rea- 
sonable notice to be given to the owners or parties interested, by 
publication or otherwise, of the fact of the sale of the property for 
such taxes or assessments, and when the time of redemption shall 
expire : Provided, that occupants shall in all cases be served with 
personal notice before the time of redemption expires. 

§ 6. The general assembly shall have no power to release or 
discharge any county, city, township, town, or district whatever, or 
the inhabitants thereof, or the property therein, from their or its 
proportionate share of taxes to be levied for State purposes, nor 
shall commutation for such taxes be authorized in any form what- 
soever. 

§ 7. All taxes levied for State purposes shall be paid into the 
State treasury. 

34 



CONSTITUTION OF ILLINOIS. 

§ 8. County authorities shall never assess taxes the aggregate of 
which shall exceed seventy-five cents per one hundred dollars valua- 
tion, except for the payment of indebtedness existing at the adoption 
of this constitution, unless authorized by a vote of the people of the 
county. 

§ 9. The general assembly may vest the corporate authorities of 
cities, towns, and villages with power to make local improvements by 
special assessment or by special taxation of contiguous property, or 
otherwise. For all other corporate purposes, all municipal corpora- 
tions may be vested with authority to assess and collect taxes ; but 
such taxes shall be uniform in respect to persons and property 
within the jurisdiction of the body imposing the same. 

§ 10. The general assembly shall not impose taxes upon munici- 
pal corporations, or the inhabitants or property thereof, for corporate 
purposes, but shall require that all the taxable property within the 
limits of municipal corporations shall be taxed for the payment of 
debts contracted under authority of law, such taxes to be uniform 
in respect to persons and property within the jurisdiction of the 
body imposing the same. Private property shall not be liable to be 
taken or sold for the payment of the corporate debts of a municipal 
corporation. 

§ ii. No person who is in default, as collector or custodian of 
money or property belonging to a municipal corporation, shall be 
eligible to any office in or under such corporation. The fees, salary, 
or compensation of no municipal officer who is elected or appointed 
for a definite term of office, shall be increased or diminished during 
such term. 

§ 12. No county, city, township, school district, or other munici- 
pal corporation, shall be allowed to become indebted in any manner 
or for any purpose to an amount, including existing indebtedness in 
the aggregate exceeding five per centum on the value of the taxable 
property therein, to be ascertained by the last assessment for State 
and county taxes previous to the incurring of such indebtedness. 
Any county, city, school district, or other municipal corporation in- 
curring any indebtedness as aforesaid, shall before, or at the time 
of doing so, provide for the collection of a direct annual tax suffi- 
cient to pay the interest on such debt as it falls due, and also to 
pay and discharge the principal thereof within twenty years from 

35 



CONSTITUTION OF ILLINOIS. 

the time of contracting the same. This section shall not be con- 
strued to prevent any county, city, township, school district, or other 
municipal corporation, from issuing their bonds in compliance with 
any vote of the people which may have been had prior to the adop- 
tion of this constitution in pursuance of any law providing therefor. 

ARTICLE X. 

COUNTIES. 



§ i. New Counties. 

§ 2. Division of any County. 

§ 3. Attaching or Detaching Territory. 

§ 4. Removal of County Seats. 

§ 5. County Government. 

§ 6. Board of County Commissioners. 

§ 7. County Affairs in Cook County. 



§ 8. County Officers — Terms of Office. 

§ 9. Salaries and Fees in Cook County. 

§ 10. Salaries Fixed by County Board. 

§ n. Township Officers' Fees. 

§ 12. Officers' Fees. 

§ 13. Sworn Reports of Fees. 



§ i . No new county shall be formed or established by the gen- 
eral assembly which will reduce the county or counties, or either of 
them, from which it shall be taken to less contents than four 
hundred square miles ; nor shall any county be formed of less con- 
tents ; nor shall any line thereof pass within less than ten miles of 
any county seat of the county or counties proposed to be divided. 

§ 2. No county shall be divided, or have any part stricken there- 
from, without submitting the question to a vote of the people of the 
county, nor unless a majority of all the legal voters of the county 
voting on the question shall vote for the same. 

§ 3. There shall be no territory stricken from any county, unless 
a majority of the voters living in such territory shall petition for 
such division ; and no territory shall be added to any county without 
the consent of the majority of the voters of the county to which it 
is proposed to be added. But the portion so stricken off and added 
to another county, or formed in whole or in part into a new county, 
shall be holden for, and obliged to pay its proportion of, the in- 
debtedness of the county from which it has been taken. 



COUNTY SEATS. 



§ 4. No county seat shall be removed until the point to which it 
is proposed to be removed shall be fixed in pursuance of law, and 

36 



CONSTITUTION OF ILLINOIS. 

three-fifths of the voters of the county, to be ascertained in such 
manner as shall be provided by general law, shall have voted in 
favor of its removal to such point ; and no person shall vote on such 
question who has not resided in the county six months, and in the 
election precinct ninety days next preceding such election. The 
question of the removal of a county seat shall not be oftener sub- 
mitted than once in ten years, to a vote of the people. But when 
an attempt is made to remove a county seat to a point nearer to the 
center of a county, then a majority vote only shall be necessary. 

COUNTY GOVERNMENT. 

§ 5 . The general assembly shall provide, by general law, for 
township organization, under which any county may organize when- 
ever a majority of the legal voters of such county, voting at any 
general election, shall so determine ; and whenever any county shall 
adopt township organization, so much of this constitution as pro- 
vides for the management of the fiscal concerns of the said county 
by the board of county commissioners, may be dispensed with, and 
the affairs of said county may be transacted in such manner as the 
general assembly may provide. And in any county that shall have 
adopted a township organization, the question of continuing the 
same may be submitted to a vote of the electors of such county, at 
a general election, in the manner that now is or may be provided by 
law ; and if a majority of all the votes cast upon that question shall 
be against township organization, then such organization shall cease 
in said county ; and all laws in force in relation to counties not hav- 
ing township organization, shall immediately take effect and be in 
force in such county. No two townships shall have the same name, 
and the day of holding the annual township meeting shall be uni- 
form throughout the State. 

§ 6. At the first election of county judges under this constitution, 
there shall be elected in each of the counties in this State, not under 
township organization, three officers, who shall be styled, " The 
board of county commissioners, v who shall hold sessions for the trans- 
action of county business as shall be provided by law. One of said 
commissioners shall hold his office for one year, one for two years, 
and one for three years, to be determined by lot; and every year 
thereafter one such officer shall be elected in each of said counties 
for the term of three years. ^ 7 



CONSTITUTION OF ILLINOIS. 

§ 7. The county affairs of Cook county shall be managed by a 
board of commissioners of fifteen persons, ten of whom shall be 
elected from the city of Chicago and five from towns outside of said 
city, in such manner as may be provided by law. 

COUNTY OFFICERS AND THEIR COMPENSATION. 

§ 8. In each county there shall be elected the following county 
officers, at the general election to be held on the Tuesday after 
the first Monday in November, a.d. 1882: A county judge, 
county clerk, sheriff, and treasurer, and at the election to be held 
on the Tuesday after the first Monday in November, a.d. 1884, 
<g a coroner and clerk of the circuit court (who may be ex-officio, 
e recorder of deeds, except in counties having 60,000 and more in- 
•3 habitants, in which counties a recorder of deeds shall be elected 
c at the general election in 1884). Each of said officers shall enter 
6 upon the duties of his office, respectively, on the first Monday of 
w December after his election, and they shall hold their respective 
offices for the term of four years, and until their successors are 
elected and qualified : Provided, that no person having once been 
elected to the office of sheriff or treasurer, shall be eligible to re- 
election to said office for four years after the expiration of the 
term for which he shall have been elected. 

§ 9. The clerks of all the courts of record, the treasurer, sheriff, 
coroner and recorder of deeds of Cook county, shall receive as their 
only compensation for their services, salaries to be fixed by law, 
which shall in no case be as much as the lawful compensation of a 
judge of the circuit court of said county, and shall be paid, respec- 
tively, only out of the fees of the office actually collected. All fees, 
perquisites, and emoluments (above the amount of said salaries) 
shall be paid into the county treasury. The number of the deputies 
and assistants of such officers shall be determined by rule of the 
circuit court, to be entered of record, and their compensation shall 
be determined by the county board. 

§ 10. The county board, except as provided in section nine of 
this article, shall fix the compensation of all county officers, with 
the amount of their necessary clerk hire, stationery, fuel, and other 
expenses, and in all cases where fees are provided for, said compen- 
sation shall be paid only out of, and shall in no instance exceed, 



CONSTITUTION OF ILLINOIS. 

the fees actually collected : they shall not allow either of them more 
per annum than fifteen hundred dollars, in counties not exceeding 
twenty thousand inhabitants : two thousand dollars, in counties con- 
taining twenty thousand and not exceeding thirty thousand inhabi- 
tants ; twenty-five hundred dollars, in counties containing thirty 
thousand and not exceeding fifty thousand inhabitants ; three thou- 
sand dollars, in counties containing fifty thousand and not exceed- 
ing seventy thousand inhabitants : thirty-five hundred dollars, in 
counties containing seventy thousand and not exceeding one hun- 
dred thousand inhabitants : and four thousand dollars, in counties 
containing over one hundred thousand, and not exceeding two 
hundred and fifty thousand inhabitants : and not more than one 
thousand dollars additional compensation for each additional one 
hundred thousand inhabitants : Provided, that the compensation of 
no officer shall be increased or diminished during his term of office. 
All fees or allowances by them received, in excess of their said 
compensation, shall be paid into the county treasury. 

§ ii. The fees of township officers, and of each class of county 
officers, shall be uniform in the class of counties to which they re- 
spectively belong. The compensation herein provided for shall apply 
only to officers hereafter elected, but all fees established by special 
laws shall cease at the adoption of this constitution, and such offi- 
cers shall receive only such fees as are provided by general law. 

§ 12. All laws fixing the fees of State, county, and township offi- 
cers, shall terminate with the terms respectively of those who may 
be in office at the meeting of the first general assembly after the 
adoption of this constitution ; and the general assembly shall, by 
general law. uniform in its operation, provide for and regulate the 
fees of said officers and their successors, so as to reduce the same to 
a reasonable compensation for services actually rendered. But the 
general assembly may. by general law. classify the counties by popu- 
lation into not more than three classes, and regulate the fees accord- 
ing to class. This article shall not be construed as depriving the 
general assembly of the power to reduce the fees of existing officers. 

§ 13. Every person who is elected or appointed to any office in 
this State, who shall be paid in whole or in part by fees, shall be 
required by law to make a semi-annual report, under oath, to some 
officer to be designated by law. of all his fees and emoluments. 

39 



CONSTITUTION OF ILLINOIS. 



ARTICLE XI. 



CORPORATIONS. 



§ i. Organization of Corporations. 

§ 2. Existing Charters. 

§ 3. Election of Directors or Managers. 

§ 4. Construction of Street Railroads. 

§ 5. State Bank Forbidden — General 

Law. 
§ 6. Liability of Bank Stockholder. 
§ 7. Suspension of Specie Payment. 
§ 8. Of a General Banking Law. 



§ 9. Railroad — Transfer Offices, Reports. 

§ 10. Personal Property of Railroads. 

§ 11. Consolidations. 

§ 12. Railroads Deemed Highways — Rates 
Fixed. 

§ 13. Stock, Bonds, and Dividends. 

§ 14. Power over Existing Companies. 

§ 15. Freight and Passenger Tariffs Regu- 
lated. 



§ i . No corporation shall be created by special laws, or its char- 
ter extended, changed, or amended, except those for charitable, 
educational, penal, or reformatory purposes, which are to be and re- 
main under the patronage and control of the State, but the general 
assembly shall provide, by general laws, for the organization of all 
corporations hereafter to be created. 

§ 2. All existing charters or grants of special or exclusive privi- 
leges, under which organization shall not have taken place, or 
which shall not have been in operation within ten days from the 
time this constitution takes effect, shall thereafter have no validity 
or effect whatever. 

§ 3. The general assembly shall provide, by law, that in all 
elections for directors or managers of incorporated companies, 
every stockholder shall have the right to vote, in person or by 
proxy, for the number of shares of stock owned by him, for as 
many persons as there are directors or managers to be elected, or 
to cumulate said shares, and give one candidate as many votes as 
the number of directors multiplied by the number of his shares of 
stock shall equal, or to distribute them on the same principle 
among as many candidates as he shall think fit ; and such directors 
or managers shall not be elected in any other manner. 

§ 4. No law shall be passed by the general assembly granting 
the right to construct and operate a street railroad within any 
city, town, or incorporated village, without requiring the consent of 
the local authorities having the control of the street or highway 
proposed to be occupied by such street railroad. 



40 



CONSTITUTION OF ILLINOIS. 



BANKS. 

§ 5. No State bank shall hereafter be created, nor shall the 
State own or be liable for any stock in any corporation or joint 
stock company or association for banking purposes now created, or 
to be hereafter created. No act of the general assembly author- 
izing or creating corporations or associations with banking powers, 
whether of issue, deposit, or discount, nor amendments thereto, 
shall go into effect or in any manner be in force, unless the same 
shall be submitted to a vote of the people at the general election 
next succeeding the passage of the same, and be approved by 
a majority of all the votes cast at such election for or against 
such law. 

§ 6. Every stockholder in a banking corporation or institution 
shall be individually responsible and liable to its creditors, over 
and above the amount of stock by him or her held, to an amount 
equal to his or her respective shares so held, for all its liabilities 
accruing while he or she remains such stockholder. 

§ 7. The suspension of specie payments by banking institutions, 
on their circulation, created by the laws of this State, shall never be 
permitted or sanctioned. Every banking association now, or which 
may hereafter be, organized under the laws of this State, shall make 
and publish a full and accurate quarterly statement of its affairs 
(which shall be certified to, under oath, by one or more of its offi- 
cers) as may be provided by law. 

§ 8. If a general banking law shall be enacted, it shall provide 
for the registry and countersigning, by an officer of state, of all 
bills or paper credit designed to circulate as money, and require 
security, to the full amount thereof, to be deposited with the State 
treasurer, in United States or Illinois State stocks, to be rated at 
ten per cent, below their par value ; and in case of a depreciation 
of said stocks to the amount of ten per cent, below par, the bank 
or banks owning said stocks shall be required to make up said 
deficiency by depositing additional stocks. And said law shall also 
provide for the recording of the names of all stockholders in such 
corporations, the amount of stock held by each, the time of any 
transfer thereof, and to whom such transfer is made. 

4i 



CONSTITUTION OF ILLINOIS. 



RAILROADS. 

§ 9. Every railroad corporation organized or doing business in 
this State, under the laws or authority thereof, shall have and main- 
tain a public office or place in this State for the transaction of its 
business, where transfers of stock shall be made, and in which shall 
be kept, for public inspection, books in which shall be recorded the 
amount of capital stock subscribed, and by whom ; the names of the 
owners of its stock, and the amounts owned by them respectively ; 
the amount of stock paid in, and by whom ; the transfers of said 
stock ; the amount of its assets and liabilities, and the names and 
place of residence of its officers. The directors of every railroad 
corporation shall annually make a report, under oath, to the auditor 
of public accounts, or some officer to be designated by law, of all 
their acts and doings, which report shall include such matters re- 
lating to railroads as may be prescribed by law. And the general 
assembly shall pass laws enforcing by suitable penalties the pro- 
visions of this section. 

§ 10. The rolling stock, and all other movable property belonging 
to any railroad company or corporation in this State, shall be con- 
sidered personal property, and shall be liable to execution and sale 
in the same manner as the personal property of individuals, and the 
general assembly shall pass no law exempting any such property 
from execution and sale. 

§ 11. No railroad corporation shall consolidate its stock, prop- 
erty, or franchises with any other railroad corporation owning a 
parallel or competing line ; and in no case shall any consolidation 
take place except upon public notice given, of at least sixty days, to 
all stockholders, in such manner as may be provided by law. A 
majority of the directors of any railroad corporation, now incorpo- 
rated or hereafter to be incorporated by the laws of this State, shall 
be citizens and residents of this State. 

§ 12. Railways heretofore constructed or that may hereafter be 
constructed in this State, are hereby declared public highways, and 
shall be free to all persons for the transportation of their persons 
and property thereon, under such regulations as may be prescribed 
by law. And the general assembly shall, from time to time, pass 
laws establishing reasonable maximum rates of charges for the trans- 

42 



CONSTITUTION OF ILLINOIS. 

portation of passengers and freight on the different railroads in this 
State. 

§ 13. No railroad corporation shall issue any stock or bonds, 
except for money, labor, or property actually received and applied 
to the purposes for which such corporation was created ; and all 
stock dividends, and other fictitious increase of capital stock or in- 
debtedness of any such corporation, shall be void. The capital 
stock of no railroad corporation shall be increased for any purpose, 
except upon giving sixty days' public notice, in such manner as may 
be provided by law. 

§ 14. The exercise of the power and the right of eminent domain 
shall never be so construed or abridged as to prevent the taking, 
by the general assembly, of the property and franchises of incor- 
porated companies already organized, and subjecting them to the 
public necessity the same as of individuals. The right of trial by 
jury shall be held inviolate in all trials of claims for compensation, 
when, in the exercise of the said right of eminent domain, any in- 
corporated company shall be interested either for or against the ex- 
ercise of said right. 

§ 15. The general assembly shall pass laws to correct abuses 
and prevent unjust discrimination and extortion in the rates of 
freight and passenger tariffs on the different railroads in this State, 
and enforce such laws by adequate penalties, to the extent, if neces- 
sary for that purpose, of forfeiture of their property and franchises. 



ARTICLE XII. 



MILITIA. 



§ 1. Persons Liable to Duty. 
§ 2. Organization — Equipment — Disci- 
pline. 
§ 3. Officers. 



§ 4. Privileged from Arrest. 

§ 5. Records, etc., Preservation. 

§ 6. Exemption from Duty. 



§ i. The militia of the State of Illinois shall consist of all able- 
bodied male persons, resident in the State, between the ages of 
eighteen and forty-five, except such persons as now are or hereafter 
may be exempted by the laws of the United States or of this State. 

§ 2. The general assembly, in providing for the organization, 

43 



CONSTITUTION OF ILLINOIS. 

equipment, and discipline of the militia, shall conform as nearly as 
practicable to the regulations for the government of the armies of 
the United States. 

§ 3. All militia officers shall be commissioned by the governor, 
and may hold their commissions for such time as the general as- 
sembly may provide. 

§ 4. The militia shall, in all cases except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at 
musters and elections, and in going to and returning from the same. 

§ 5. The military records, banners, and relics of the State shall 
be preserved as an enduring memorial of the patriotism and valor 
of Illinois, and it shall be the duty of the general assembly to pro- 
vide by law for the safe-keeping of the same. 

§ 6. No person having conscientious scruples against bearing 
arms shall be compelled to do militia duty in time of peace : Pro- 
vided, such person shall pay an equivalent for such exemption. 



ARTICLE XIII. 



WAREHOUSES. 



§ 1. Public Warehouses. 
§ 2. Weekly Statements Required. 
§ 3. Examination of Property Stored. 
§ 4. Delivery of Full Weights. 



§ 5. Delivery of Grain by Railroads. 
§ 6. Warehouse Receipts. 
§ 7. Grain Inspection. 



§ i. All elevators or storehouses where grain or other property is 
stored for a compensation, whether the property stored be kept sep- 
arate or not, are declared to be public warehouses. 

§ 2. The owner, lessee, or manager of each and every public ware- 
house situated in any town or city of not less than one hundred 
thousand inhabitants, shall make weekly statements under oath, 
before some officer to be designated by law, and keep the same 
posted in some conspicuous place in the office of such warehouse, 
and shall also file a copy for public examination in such place as 
shall be designated by law, which statement shall correctly set forth 
the amount and grade of each and every kind of grain in such ware- 
house, together with such other property as may be stored therein, 
and what warehouse receipts have been issued, and are. at the time 

44 



CONSTITUTION OF ILLINOIS. 

of making such statement, outstanding therefor; and shall, on the 
copy posted in the warehouse, note daily such changes as may be 
made in the quantity and grade of grain in such warehouse ; and 
the different grades of grain shipped in separate lots shall not be 
mixed with inferior or superior grades without the consent of the 
owner or consignee thereof. 

§ 3. The owners of property stored in any warehouse, or holder 
of a receipt for the same, shall always be at liberty to examine such 
property stored, and all the books and records of the warehouse, in 
regard to such property. 

§ 4. All railroad companies and other common carriers on rail- 
roads shall weigh or measure grain at points where it is shipped and 
receipt for the full amount, and shall be responsible for the delivery 
of such amount to the owner or consignee thereof, at the place of 
destination. 

§ 5. All railroad companies receiving and transporting grain in 
bulk or otherwise, shall deliver the same to any consignee thereof, 
or any elevator or public warehouse to which it may be consigned, 
provided such consignee or the elevator or public warehouse can be 
reached by any track owned, leased, or used, or which can be used 
by such railroad companies ; and all railroad companies shall permit 
connections to be made with their track, so that any such consignee 
and any public warehouse, coal bank, or coal yard may be reached 
by the cars on said railroad. 

§ 6. It shall be the duty of the general assembly to pass all neces- 
sary laws to prevent the issue of false and fraudulent warehouse 
receipts, and to give full effect to this article of the constitution, 
which shall be liberally construed so as to protect producers and 
shippers. And the enumeration of the remedies herein named shall 
not be construed to deny to the general assembly the power to pre- 
scribe by law such other and further remedies as may be found expe- 
dient, or to deprive any person of existing common law remedies. 

§ 7. The general assembly shall pass laws for the inspection of 
grain, for the protection of producers, shippers, and receivers of 
grain and produce. 

45 



CONSTITUTION OF ILLINOIS. 
ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 
§ i. By a Convention. | § 2. Proposed by the Legislature. 

§ i. Whenever two-thirds of the members of each house of the 
general assembly shall, by a vote entered upon the journals thereof, 
concur that a convention is necessary to revise, alter, or amend the 
constitution, the question shall be submitted to the electors at the 
next general election. If a majority voting at the election vote for 
a convention, the general assembly shall, at the next session, pro- 
vide for a convention, to consist of double the number of members 
of the senate, to be elected in the same manner, at the same places, 
and in the same districts. The general assembly shall, in the act 
calling the convention, designate the day, hour, and place of its 
meeting, fix the pay of its members and officers, and provide for the 
payment of the same, together with the expenses necessarily incurred 
by the convention in the performance of its duties. Before proceed- 
ing, the members shall take an oath to support the constitution of 
the United States, and of the State of Illinois, and to faithfully dis- 
charge their duties as members of the convention. The qualification 
of members shall be the same as that of members of the senate, and 
vacancies occurring shall be filled in the manner provided for filling 
vacancies in the general assembly. Said convention shall meet 
within three months after such election, and prepare such revision, 
alteration, or amendments of the constitution as shall be deemed 
necessary, which shall be submitted to the electors for their ratifica- 
tion or rejection at an election appointed by the convention for that 
purpose, not less than two nor more than six months after the 
adjournment thereof; and unless so submitted, and approved by a 
majority of the electors voting at the election, no such revision, alter- 
ation, or amendments shall take effect. 

§ 2. Amendments to this constitution may be proposed in either 
house of the general assembly, and if the same shall be voted for by 
two-thirds of all the members elected to each of the two houses, 
such proposed amendments, together with the yeas and nays of 
each house thereon, shall be entered in full on their respective jour- 

46 



CONSTITUTION OF ILLINOIS. 

nals, and said amendments shall be submitted to the electors of this 
State for adoption or rejection, at the next election of members of 
the general assembly, in such manner as may be prescribed by law. 
The proposed amendments shall be published in full at least three 
months preceding the election, and if a majority of the electors 
voting at said election shall vote for the proposed amendments, they 
shall become a part of this constitution. But the general assembly 
shall have no power to propose amendments to more than one arti- 
cle of this constitution at the same session, nor to the same article 
oftener than once in four years. 

SECTIONS SEPARATELY SUBMITTED. 

ILLINOIS CENTRAL RAILROAD. 

Illinois Central Railroad. I Illinois and Michigan Canal. 

Municipal Subscriptions to Corporations. I 

No contract, obligations, or liability whatever, of the Illinois Cen- 
tral Railroad Company to pay any money into the State treasury, 
nor any lien of the State upon, or right to tax property of said 
company, in accordance with the provisions of the charter of said 
company, approved February tenth, in the year of our Lord one 
thousand eight hundred and fifty-one, shall ever be released, sus- 
pended, modified, altered, remitted, or in any manner diminished or 
impaired by legislative or other authority : and all moneys derived 
from said company, after the payment of the State debt, shall be 
appropriated and set apart for the payment of the ordinary expenses 
of the State government, and for no other purposes whatever. 

MINORITY REPRESENTATION. 
[See Sections 7 and 8, Article IV., page 10.] 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORA- 
TIONS. 

No county, city, town, township, or other municipality, shall ever 
become subscriber to the capital stock of any railroad or private 
corporation, or make donation to or loan its credit in aid of such 

47 



CONSTITUTION OF ILLINOIS. 

corporation : Provided, however, that the adoption of this article 
shall not be construed as affecting the right of any such municipality 
to make such subscriptions where the same have been authorized, 
under existing laws, by a vote of the people of such municipalities 
prior to such adoption. 

CANAL. 

The Illinois and Michigan Canal shall never be sold or leased 
until the specific proposition for the sale or lease thereof shall first 
have been submitted to a vote of the people of the State, at a gen- 
eral election, and have been approved by a majority of all the votes 
polled at such election. The general assembly shall never loan the 
credit of the State, or make appropriations from the treasury there- 
of, in aid of railroads or canals : Provided, that any surplus earnings 
of any canal may be appropriated for its enlargement or extension. 



SCHEDULE. 

§ i. Laws in Force remain Valid. I § 4. County Courts. 

§ 2. Fines, Penalties, and Forfeitures. § 5. All Existing Courts Continued. 

§ 3. Recognizances, Bonds, Obligations. [ § 6. Persons now in Office Continued. 

That no inconvenience may arise from the alterations and amend- 
ments made in the constitution of this State, and to carry the same 
into complete effect, it is hereby ordained and declared : 

§ 1. That all laws in force at the adoption of this constitution, 
not inconsistent therewith, and all rights, actions, prosecutions, 
claims, and contracts of the State, individuals, or bodies corporate, 
shall continue to be as valid as if this constitution had not been 
adopted. 

§ 2. That all fines, taxes, penalties, and forfeitures, due and ow- 
ing to the State of Illinois under the present constitution and laws, 
shall inure to the use of the people of the State of Illinois, under 
this constitution. 

§ 3. Recognizances, bonds, obligations, and all other instruments 
entered into or executed before the adoption of this constitution, to 
the people of the State of Illinois, to any State or county officer, 
or public body, shall remain binding and valid ; and rights and lia- 
bilities upon the same shall continue, and all crimes and misde- 

48 



CONSTITUTION OF ILLINOIS. 

meanors shall be tried and punished as though no change had been 
made in the constitution of this State. 

§ 4. County courts for the transaction of county business in coun- 
ties not having adopted township organization shall continue in 
existence, and exercise their present jurisdiction until the board of 
county commissioners provided in this constitution is organized in 
pursuance of an act of the general assembly ; and the county courts 
in all other counties shall have the same power and jurisdiction 
they now possess until otherwise provided by law. 

§ 5. All existing courts which are not in this constitution spe- 
cifically enumerated shall continue in existence and exercise their 
present jurisdiction until otherwise provided by law. 

§ 6. All persons now filling any office or appointment shall con- 
tinue in the exercise of the duties thereof according to their respec- 
tive commissions or appointments, unless by this constitution it is 
otherwise directed. 

[Sections 7 to 17, both inclusive, providing for the submission of this consti- 
tution and voting thereon by the people, became inoperative by the adoption 
of this constitution.] 

§ 7. On the day this constitution is submitted to the people for 
ratification an election shall be held for judges of the supreme court 
in the second, third, sixth, and seventh judicial election districts 
designated in this constitution, and for the election of three judges 
of the circuit court in the county of Cook, as provided for in the 
article of this constitution relating to the judiciary, at which election 
every person entitled to vote, according to the terms of this consti- 
tution, shall be allowed to vote, and the election shall be otherwise 
conducted, returns made, and certificates issued, in accordance with 
existing laws, except that no registry shall be required at said elec- 
tion : Provided, that at said election in the county of Cook no 
elector shall vote for more than two candidates for circuit judge. 
If, upon canvassing the votes for and against the adoption of this 
constitution, it shall appear that there has been polled a greater 
number of votes against than for it, then no certificates of election 
shall be issued for any of said supreme or circuit judges. 

§ 8. This constitution shall be submitted to the people of the 
State of Illinois for adoption or rejection at an election to be held 

49 



CONSTITUTION OF ILLINOIS. 

on the first Saturday in July, in the year of our Lord one thousand 
eight hundred and seventy, and there shall be separately submitted 
at the same time, for adoption or rejection, sections nine, ten, 
eleven, twelve, thirteen, fourteen, and fifteen relating to rail- 
roads, in the article entitled " Corporations," the article entitled 
" Counties, 1 ' the article entitled " Warehouses, 11 the question of 
requiring a three-fifths vote to remove a county seat, the section 
relating to the Illinois Central Railroad, the section in relation to 
minority representation, the section relating to municipal subscrip- 
tions to railroads or private corporations, and the section relating 
to the canal. Every person entitled to vote under the provisions 
of this constitution, as defined in the article in relation to suffrage, 
shall be entitled to vote for the adoption or rejection of this con- 
stitution, and for or against the articles, sections, and questions 
aforesaid, separately submitted, and the said qualified electors shall 
vote at the usual places of voting, unless otherwise provided ; and 
the said election shall be conducted, and returns thereof made, 
according to the laws now in force regulating general elections, 
except that no registry shall be required at said election : Provided, 
however, that the polls shall be kept open for the reception of 
ballots until sunset of said day of election. 

§ 9. The secretary of state shall, at least twenty days before 
said election, cause to be delivered to the county clerk of each 
county, blank poll-books, tally-lists, and forms of return, and twice 
the number of properly prepared printed ballots for the said 
election that there are voters in such county, the expense whereof 
shall be audited and paid as other public printing ordered by the 
secretary of State is, by law, required to be audited and paid, and 
the several county clerks shall at least five days before said elec- 
tion, cause to be distributed to the board of election, in each elec- 
tion district in their respective counties, said blank poll-books, 
tally-lists, forms of return, and tickets. 

§ 10. At the said election the ballots shall be in the following 
form : 

NEW CONSTITUTION TICKET. 

For all the propositions on this ticket which are not cancelled 
with ink or pencil, and against all propositions which are so 
cancelled. 

5° 



CONSTITUTION- OF ILLINOIS. 

For the new constitution. 

For the sections relating to railroads in the article entitled 
" Corporations. 1 '' 

For the article entitled " Counties. " 

For the article entitled " Warehouses." 

For a three-fifths vote to remove county seats. 

For the section relating to the Illinois Central Railroad. 

For the section relating to minority representation. 

For the section relating to municipal subscriptions to railroads 
or private corporations. 

For the section relating to the canal. 

Each of said tickets shall be counted as a vote cast for each 
proposition thereon not cancelled with ink or pencil, and against 
each proposition so cancelled, and returns thereof shall be made 
accordingly by the judges of election. 

§ ii. The returns of the whole vote cast, and of the votes for 
the adoption or rejection of this constitution, and for or against 
the articles and sections respectively submitted, shall be made 
by the several county clerks, as is now provided by law, to the 
secretary of State, within twenty days after the election, and the 
returns of said votes shall, within five days thereafter, be examined 
and canvassed by the auditor, treasurer, and secretary of state, or 
any two of them, in the presence of the governor, and proclamation 
shall be made by the governor forthwith of the result of the 
canvass. 

§ 12. If it shall appear that a majority of the votes polled are 
" for the new constitution," then so much of this constitution as 
was not separately submitted to be voted on by articles and sec- 
tions, shall be the supreme law of the State of Illinois on and after 
Monday, the eighth day of August, in the year of our Lord one 
thousand eight hundred and seventy ; but if it shall appear that a 
majority of the votes polled were " against the new constitution," 
then so much thereof as was not separately submitted to be voted 
on by articles and sections, shall be null and void. 

If it shall appear that a majority of the votes polled are "for 
the sections relating to railroads in the article entitled ' Corpora- 
tions, 1 " sections nine, ten, eleven, twelve, thirteen, fourteen, and 
fifteen, relating to railroads in the said article, shall be a part of the 

51 



CONSTITUTION OF ILLINOIS, 

constitution of this State, but if a majority of said votes are against 
such sections, they shall be null and void. If a majority of the 
votes polled are " tor the article entitled i Counties, 1 n such article 
shall be part of the constitution of this State, and shall be sub- 
stituted for article seven, in the present constitution, entitled 
" Counties "; but if a majority of said votes are against such article 
the same shall be null and void. If a majority of the votes polled 
are " for the article entitled ' Warehouses, 1 " such article shall be 
part of the constitution of this State ; but if a majority of the votes 
are against such article, the same shall be null and void. If a 
majority of the votes polled are for either of the sections separately 
submitted, relating respectively to the " Illinois Central Railroad," 
" minority representation," " municipal subscriptions to railroads or 
private corporations," and the "canal," then such of said sections 
as shall receive such majority shall be a part of the constitution 
of this State ; but each of said sections so separately submitted 
against which respectively there shall be a majority of the votes 
polled, shall be null and void : Provided, that the section 'relating 
to " minority representation " shall not be declared adopted unless 
the portion of the constitution not separately submitted to be voted 
on by articles and sections shall be adopted ; and in case said sec- 
tion relating to " minority representation " shall become a portion of 
the constitution, it shall be substituted for sections seven and eight 
of the legislative article. If a majority of the votes cast at such 
election shall be for a three-fifths vote to remove a county seat, 
then the words " a majority " shall be stricken out of section four 
of the article on Counties, and the words "three-fifths " shall be in- 
serted in lieu thereof, and the following words shall be added to 
said section, to-wit : " But when an attempt is made to remove a 
county seat to a point nearer to the center of a county, then a ma- 
jority vote only shall be necessary." If the foregoing proposition 
shall not receive a majority of the votes, as aforesaid, then the 
same shall have no effect whatever. 

§ 13. Immediately after the adoption of this constitution, the 
governor and secretary of state shall proceed to ascertain and fix 
the apportionment of the State for members of the first house of 
representatives under this constitution. The apportionment shall 
be based upon the federal census of the year of our Lord one thou- 

52 



CONSTITUTION OF ILLINOIS. 

sand eight hundred and seventy, of the State of Illinois, and shall 
be made strictly in accordance with the rules and principles an- 
nounced in the article on the legislative department of this con- 
stitution : Provided, that in case the federal census aforesaid 
cannot be ascertained prior to Friday, the twenty-third day of Sep- 
tember, in the year of our Lord one thousand eight hundred and 
seventy, then the said apportionment, shall be based on the State 
census of the year of our Lord one thousand eight hundred and 
sixty-five, in accordance with the rules and principles aforesaid. 
The governor shall, on or before Wednesday, the twenty-eighth day 
of September, in the year of our Lord one thousand eight hundred 
and seventy, make official announcement of said apportionment, 
under the great seal of the State ; and one hundred copies thereof, 
duly certified, shall be forthwith transmitted by the secretary of 
state to each county clerk for distribution. 

§ 14. The districts shall be regularly numbered by the secretary 
of state, commencing with Alexander county as number one, and 
proceeding then northwardly through the State, and terminating 
with the county of Cook, but no county shall be numbered as more 
than one district, except the county of Cook, which shall constitute 
three districts, each embracing the territory contained in the now 
existing representative districts of said county. And on the Tues- 
day after the first Monday in November, in the year of our Lord 
one thousand eight hundred and seventy, the members of the first 
house of representatives under this constitution shall be elected 
according to the apportionment fixed and announced as aforesaid, 
and shall hold their offices for two years, and until their successors 
shall be elected and qualified. 

§ 15. The senate, at its first session under this constitution, shall 
consist of fifty members, to be chosen as follows : At the general 
election held on the first Tuesday after the first Monday of No- 
vember, in the year of our Lord one thousand eight hundred and 
seventy, two senators shall be elected in districts where the term of 
senators expires on the first Monday of January, in the year of our 
Lord one thousand eight hundred and seventy-one, or where there 
shall be a vacancy, and in the remaining districts one senator 
shall be elected. Senators so elected shall hold their office two 
years. 

53 



CONSTITUTION- OF ILLINOIS. 

§ 1 6. The general assembly, at its first session held after the 
adoption of this constitution, shall proceed to apportion the State 
for members of the senate and house of representatives, in accord- 
ance with the provisions of the article on the legislative department. 

§ 17. When this constitution shall be ratified by the people, the 
governor shall forthwith, after having ascertained the fact, issue 
writs of election to the sheriffs of the several counties of the State, 
or in case of vacancies, to the coroners, for the election of all the 
officers the time of whose election is fixed by ^this constitution or 
schedule, and it shall be the duty of said sheriffs or coroners to give 
such notice of the time and place of said election as is now pre- 
scribed by law. 

§ 18. All laws of the State of Illinois and all official writings, 
and the executive, legislative, and judicial proceedings, shall be con- 
ducted, preserved, and published in no other than the English lan- 
guage. 

§ 19. The general assembly shall pass all laws necessary to carry 
into effect the provisions of this constitution. 

§ 20. The circuit clerks of the different counties having a popu- 
lation over sixty thousand shall continue to be recorders (ex-officio) 
for their respective counties, under this constitution, until the ex- 
piration of their respective terms. 

§ 21. The judges of all courts of record in Cook county shall, 
in lieu of any salary provided for in this constitution, receive the 
compensation provided by law until the adjournment of the first 
session of the general assembly after the adoption of this constitu- 
tion. 

§ 22. The present judge of the circuit court of Cook county shall 
continue to hold the circuit court of Lake county until otherwise 
provided by law. 

§ 23. When this constitution shall be adopted and take effect as 
the supreme law of the State of Illinois, the two-mill tax provided 
to be annually assessed and collected upon each dollar's worth of 
taxable property in addition to all other taxes, as set forth in article 
fifteen of the now existing constitution, shall cease to be assessed 
after the year of our Lord one thousand eight hundred and seventy. 

§ 24. Nothing contained in this constitution shall be so con- 
strued as to deprive the general assembly of power to authorize 

54 



CONSTITUTION OF ILLINOIS. 

the city of Quincy to create any indebtedness for railroad or munic- 
ipal purposes for which the people of said city shall have voted and 
to which they shall have given, by such vote, their assent, prior to 
the thirteenth day of December, in the year of our Lord one thou- 
sand eight hundred and sixty-nine : Provided, that no such indebt- 
edness so created, shall, in any part thereof, be paid by the State 
or from any State revenue tax or fund, but the same shall be paid, 
if at all, by the said city of Quincy alone, and by taxes to be levied 
upon the taxable property thereof: And provided, further, that the 
general assembly shall have no power in the premises that it could 
not exercise under the present constitution of the State. 

§ 25. In case this constitution, and the articles and sections sub- 
mitted separately be adopted, the existing constitution shall cease 
in all its provisions ; and in case this constitution be adopted, and 
any one or more of the articles or sections submitted separately be 
defeated, the provisions of the existing constitution, if any, on the 
same subject shall remain in force. 

§ 26. The provisions of this constitution required to be executed 
prior to the adoption or rejection thereof, shall take effect and be in 
force immediately. 

Done in convention at the capitol in the city of Springfield, on 
the thirteenth day of May, in the year of our Lord one thousand 
eight hundred and seventy, and of the independence of the United 
States of America the ninety-fourth. 

In witness whereof, we have hereunto subscribed our names. 

Charles Hitchcock, President. 

William J. Allen, Silas L. Bryan, 

John Abbott, H. P. Buxton, 

James C. Allen, Daniel Cameron, 

Elliott Anthony, William Cary, 

Wm. R. Archer, Lawrence S. Church, 

Henry I. Atkins, Hiram H. Cody, 

James G. Bayne, W. F. Coolbaugh, 

R. M. Benjamin, Alfred M. Craig, 

H. P. H. Bromwell, Rober J. Cross, 

O. H. Browning, Samuel P. Cummings, 

Wm. G. Bowman, John Dement, 

55 



CONSTITUTION OF ILLINOIS. 



G. S. Eldridge, 
James W. English, 
David Ellis, 
Ferris Forman, 
Jesse C. Fox, 
Miles A. Fuller, 
John P. Gamble, 
Addison Goodell, 
John C. Haines, 
Elijah M. Haines, 
John W. Hankins, 
James McCoy, 
Charles E. McDowell, 
William C. Goodhue, 
Joseph Medill, 
Clifton H. Moore, 
Jonathan Merriam, 
Joseph Parker, 
Samuel C. Parker, 
Peleg S. Perley, 
J. S. Poage, 
Edward Y. Rice, 
James P. Robinson, 
Lewis W. Ross, 
Robert A. King, 
William P. Pierce, 
N. J. Pillsbury, 
John Scholfield, 



James M. Sharp, 
Henry Sherrell, 
Wm. H. Snyder, 
O. C. Skinner, 
Westel W. Sedgwick, 
Charles F. Springer, 
John L. Tincher, 

C. Truesdale, 
Henry Tubbs, 
Thomas J. Turner, 
Wm. H. Underwood, 
Wm. L. Vandeventer, 
Henry W. Wells, 
George E. Wait, 
George W. Wall, 

R. B. Sutherland, 

R. P. Hanna, 

Joseph Hart, 

Abel Harwood, 

Milton Hay, 

Samuel Snowden Hayes, 

Jesse S. Hildrup 

D. G Wagner, 
George R. Wendling, 
Chas. Wheaton, 

L. D. Whiting, 
John H. Wilson, 
Orlando H. Wright. 



Attest: John Q. Harmon, Secretary. 

Daniel Shepard, First Assista?it Secretary. 
A. H. Swain, Second Assistant Secretary. 

56 



CONSTITUTION OF ILLINOIS. 
AMENDMENTS. 

FIRST AMENDMENT. 

Article IV. — Section 31. 

Proposed by the Thirtieth General Ass ei?ibly, 1877, and adopted by a 
vote of the People on the ^th day of November, A.D. 1878. 

drainage. 

The general assembly may pass laws permitting the owners of 
lands to construct drains, ditches, and levees for agricultural, sani- 
tary or mining purposes across the lands of others, and provide for 
the organization of drainage districts and vest the corporate author- 
ities thereof with power to construct and maintain levees, drains, 
and ditches, and to keep in repair all drains, ditches, and levees 
heretofore constructed under the laws of this State, by special 
assessments upon the property benefited thereby. 

SECOND AMENDMENT. 

Article X. — Section 8. 

Proposed by the Thirty-first General Assembly, 1879, an d adopted by 
a vote of the People on the 2d day of November, A.D. 1880. 

COUNTY OFFICERS. 

In each county there shall be elected the following county officers 
at the general election to be held on the Tuesday after the first 
Monday in November, A.D. 1882: A county judge, county clerk, 
sheriff, and treasurer, and at the election to be held on the first 
Tuesday after the first Monday in November, A.D. 1884, a coroner 
and clerk of the circuit court (who may be ex-officio recorder of 
deeds, except in counties having 60,000 and more inhabitants, in 
which counties a recorder of deeds shall be elected at the general 
election in 1884). Each of said officers shall enter upon the duties 
of his office, respectively, on the first Monday of December after his 
election, and they shall hold their respective offices for the term of 
four years, and until their successors are elected and qualified : 

57 



CONSTITUTION OF ILLINOIS. 

Provided, that no person having once been elected to the office of 
sheriff or treasurer shall be eligible to re-election to said offices for 
four years after the expiration of the term for which he shall have 
been elected. 

THIRD AMENDMENT. 

Article V. — Section 16. 

Proposed by the Thirty-third General Assembly, 1883, and adopted 
by a vote of the People 071 the 4th day of November, A.D. 1884. 

VETO POWER OF THE GOVERNOR. 

Every bill passed by the general assembly shall, before it becomes 
a law, be presented to the governor. If he approve, he shall sign it, 
and thereupon it shall become a law ; but if he do not approve, he 
shall return it, with his objections, to the house in which it shall 
have originated, which house shall enter the objections at large upon 
its journal and proceed to reconsider the bill. If then two-thirds of 
the members elected agree to pass the same, it shall be sent, together 
with the objections, to the other house, by which it shall likewise 
be reconsidered, and if approved by two-thirds of the members 
elected to that house, shall become a law, notwithstanding the 
objections of the governor ; but in all such cases the vote of each 
house shall be determined by yeas and nays, to be entered upon the 
journal. Bills making appropriations of money out of the treasury 
shall specify the objects and purposes for which the same are made, 
and appropriate to them respectively their several amounts in distinct 
items and sections. And if the governor shall not approve any one 
or more of the items or sections contained in any bill, but shall 
approve the residue thereof, it shall become a law as to the residue 
in like manner as if he had signed it. The governor shall then 
return the bill, with his objections to the items or sections of the 
same not approved by him, to the house in which the bill shall have 
originated, which house shall enter the objections at large upon its 
journal, and proceed to reconsider so much of said bill as is not 
approved by the governor. The same proceedings shall be had in 
both houses in reconsidering the same as is hereinbefore provided 
in case of an entire bill returned by the governor with his objections ; 

58 



CONSTITUTION OF ILLINOIS. 

and if any item or section of said bill not approved by the governor 
shall be passed by two-thirds of the members elected to each of the 
two houses of the general assembly, it shall become part of said law, 
notwithstanding the objections of the governor. Any bill which shall 
not be returned by the governor within ten days (Sundays excepted) 
after it shall have been presented to him, shall become a law in like 
manner as if he had signed it, unless the general assembly shall by 
their adjournment prevent its return, in which case it shall be filed 
with his objections in the office of the secretary of state, within ten 
days after such adjournment, or become a law. 

FOURTH AMENDMENT. 

Proposed by the Thirty -fourth General Assembly, 1885, and adopted 
by a vote of the People on the 4th day of A r ov ember, A.D. 1886. 

CONTRACT CONVICT LABOR. 

Hereafter it shall be unlawful for the commissioners of any peni- 
tentiary or other reformatory institution in the State of Illinois to 
let by contract to any person or persons, or corporations, the labor 
of any convict confined within said institution. 

FIFTH AMENDMENT. 

In force November 29, 1890. 

" The corporate authorities of the city of Chicago are hereby au- 
thorized to issue interest-bearing bonds of said city to an amount not 
exceeding five million dollars, at a rate of interest not to exceed five 
per centum per annum, the principal payable within thirty years from 
the date of their issue, and the proceeds thereof shall be paid to the 
treasurer of the World's Columbian Exposition, and used and dis- 
bursed by him, under the direction and control of the directors, in 
aid of the World's Columbian Exposition, to be held in the city of 
Chicago, in pursuance of an act of Congress of the United States: 
Provided, that if at the election for the adoption of this amendment 
to the constitution, a majority of the votes cast within the limits of 
the city of Chicago shall be against its adoption, then no bonds shall 
be issued under this amendment. And said corporate authorities 

59 



CONSTITUTION OF ILLINOIS. 

shall be repaid as large a proportionate amount of the aid given by 
them as is repaid to the stockholders on the sums subscribed and 
paid by them, and the money so received shall be used in the redemp- 
tion of the bonds issued as aforesaid : Provided, that said authorities 
may take, in whole or in part of the sum coming to them, any perma- 
nent improvements placed on land held or controlled by them :. And 
provided, further, that no such indebtedness so created shall in any 
part thereof be paid by the State, or from any State revenue, tax, or 
fund, but the same shall be paid by the said city of Chicago alone.'" 

UNITED STATES OF AMERICA, \ Office of Secretary 

State of Illinois, ) of State. 

I, Henry D. Dement, Secretary of State of the State of Illinois, do hereby 
certify that the foregoing is a true copy of the Constitution of the State of Illinois, 
adopted in convention on the 13th day of May, 1870, ratified by a vote of the 
people on the 2d day of July, 1870, and in force on the 8th day of August, 1870, 
and as amended in 1878, in 1880, in 1884, and in 1886, and now on file in this 
office. 

In testimony whereof I have hereunto set my hand and affixed the Great 
Seal of State. Done at the city of Springfield, this 15th day of January, A.D. 
1887. 

HENRY D. DEMENT, Secretary of State. 



60 



INDEX. 



Preamble . 



ARTICLE I. 

Boundaries i 

ARTICLE II. 

BILL OF RIGHTS. 

§ i. Inherent and Inalienable Rights. . . 2 

§ 2. Due Process of Law 2 

§ 3. Liberty of Conscience Guaranteed 2 

§ 4. Freedom of Speech — Libel 3 

§ 5. Right of Trial by Jury 3 

§ 6. Unreasonable Searches and Seiz- 
ures 3 

§ 7. Bail Allowed — Writ of Habeas 

Corpus 3 

§ 8. Indictment Required — Grand Jury 3 

§ 9. Rights of Persons Accused of Crime 3 

§ 10. Self Crimination — Acquittal 3 

§ n. Penalties .No Corruption of Blood 

or Forfeiture of Estate 4 

§ 12. Imprisonment for Debt 4 

§ 13. Compensation for Property Taken 4 
§ 14. Ex Post Facto Laws — Contracts 

— Irrevocable Grants 4 

§ 15. Military Subordinate to Civil 

Power 4 

§ 16. Quartering of Soldiers 4 

§17. Right of Assembly and Petition 4 

§ 18. Elections to be Free and Equal 4 

§ 19. Protection of the Law 4 

§ 20. Fundamental Principles 4 

ARTICLE III. 

Distribution of Powers 5 



§ i- 

§ 2. 

§ 3- 

§ 4- 

§ 5- 

§ 6. 
§§7 

§§7 
§ 9- 
§ 10. 

§n. 
§ 12. 



§14- 
§15. 

§16. 
§17- 

§18, 

§i9< 
§ 20. 

§ 21, 
§ 22, 
§23 
§24 
§25' 
§26, 
§27 
§28, 
§29. 

§3° 



ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

PAGE 

General Assembly 5 

Electi >n — Vacancies 5 

Who are Eligible 6 

Disqualification by Crime 6 

Oath of Office 6 

Senatorial Apportionment 7 

and 8. Representatives — (Inoper- 
ative) 8 

and 8. Minority Representation. . 9 

Time of Meeting — General Rules 9 
Open Sessions — Adjournments — 

Journals — Protests 9 

Style of Laws 10 

Origin and Passage of Bills 10 

Reading — Printing — Title — 

Amendments 10 

Privileges of Members 11 

Disabilities of Members 11 

Appropriations 11 

Payment of Money — Statement of 

Expenses 11 

Ordinary Expenses — Casual Defi- 
cits — Appropriations Limited . . 11 
Extra Compensation or Allowance 12 

Public Credit not Loaned 12 

Pay and Mileage of Members 13 

Special Legislation Prohibited.... 13 

Against Release from Liability. . . 14 

Proceedings on Impeachment 14 

Fuel, Stationery, and Printing 15 

State not to be Sued 15 

Lotteries and Gift Enterprises 15 

Terms of Office not Extended 15 

Protection of Minors 15 

Concerning Roads — Public and 

Private 15 



6l 



INDEX. 



§ 31. Draining and Ditching 15 

§32. Homestead and Exemption Laws. . 16 
§ 33. Completion of the State House 16 

ARTICLE V. 

EXECUTIVE DEPARTMENT,, 

§ i. Officers — Terms 16 

§ 2. State Treasurer 16 

§ 3. Time of Electing State Officers 17 

§ 4. Returns — Tie — Contested Elec- 
tion 17 

§ 5. Eligibility for Office 17 

§ 6. Governor — Powers and Duty 18 

§ 7. His Message and Statement 18 

§ 8. Convening the General Assembly 18 

§ 9. Proroguing the General Assembly 18 

§10. Nominations by the Governor 18 

§ 11. Vacancies may be Filled 18 

§ 12. Removals by the Governor 19 

§ 13. Reprieves — Commutations — Par- 
dons 19 

§ 14. Governor as Commander-in-Chief 19 

§ 15. Impeachment of Officers 19 

§ 16. Veto Power 19 

§ 17. Lieutenant-Governor as Governor. 20 

§ 18. President of the Senate 20 

§ 19. Vacancy in Governor's Office 20 

§ 20. Vacancy in other State Offices .... 21 

§21. Reports of State Officers 21 

§ 22. Great Seal of the State 21 

§ 23. Fees and Salaries 21 

§ 24. Definition of " Office " 22 

§ 25. Oath of Civil Officers 22 



ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Courts Established 23 

Supreme Court Jurisdiction 23 

Qualifications of a Supreme Judge 23 

Terms of the Supreme Court 23 

Grand Divisions — Districts 23 

Election of Supreme Judges 24 

Salaries of the Supreme Judges. . . 25 

Appeals and Writs of Error 25 

Reporter 25 

Clerks of the Supreme Court 25 

Appellate Courts Authorized 25 

Circuit Courts — Jurisdiction 26 

Formation of Judicial Circuits 26 

Time of holding Circuit Courts 26 



§ 1. 

§ 2. 

§ 3- 

§ 4. 

§ 5- 

§ 6. 

§ 7- 

§ 8. 

§ 9- 

§ 10. 

§". 

§12. 

§13. 

§ 14- 



PAGE 

§15. Judges — Increase of Number 27 

§ 16. Salaries of the Circuit Judges 27 

§ 17. Qualifications of Judges and County 

Commissioners 27 

§18. County Judges — County Clerks.. 27 

§ 19. Appeals from County Courts 28 

§ 20. Probate Courts Authorized 28 

§21. Justices of the Peace and Con- 
stables 28 

§22. State's Attorney in each County.. 28 
§ 23. Cook County Courts of Record .... 28 
§24. Chief Justice — Power of Judges. . 29 

§ 25. Salaries of the Judges 29 

§ 26. Criminal Court of Cook County. . . 29 
§ 27. Clerks of the Cook County Court. . 29 

§ 28. Justices in Chicago 30 

§ 29. Uniformity in the Courts 30 

§ 30. Removal of any Judge 30 

§ 31. Judges to make Written Reports. . 30 
§ 32. Terms of Office — Filling Vacan- 
cies 31 

§ 33. Process — Persecutions — Popula- 
tion 31 

ARTICLE VII. 

SUFFRAGE. 

§ i. Qualification of Voters 31 

§ 2. All Voting to be by Ballot 32 

§ 3. Privileges of Electors 32 

§ 4. Voting Residence 32 

§ 5. Soldiers in the U. S. Army 32 

§ 6. Qualifications for Office 32 

§ 7. Persons Convicted of Crime 32 

ARTICLE VIII. 

EDUCATION. 

§ 1. Free Schools - 32 

§ 2. Gifts or Grants in aid of Schools.. 32 
§ 3. Aid to Sectarian Schools Pro- 
hibited 32 

§ 4. Sale of Text Books — Teachers and 

Officers 33 

§ 5. County Superintendent of Schools 33 

ARTICLE IX. 

REVENUE. 

§ 1. Taxation shall be Uniform 33 

§ 2. Other and Further Taxation 34 



62 



INDEX. 



§ 3 

§ 4< 

§ 5- 

§ 6. 

§ 7- 

§ 8. 

§ 9- 

§ 10. 

§n. 
§ 12. 



§ 9- 
§ 10. 

§ 12. 

§ 13- 



PAGE 

Property Exempt from Taxation. . 34 

Sale of Real Property for Taxes. . 34 

Right of Redemption 34 

Release from Taxation Forbidden 34 

Taxes Paid into State Treasury. . . 34 

Limitation on County Taxes 35 

Local Municipal Improvements.. . 35 
Taxation of Municipal Corpora- 
tions 35 

Defaulter not to be Eligible 35 

Limitation of Municipal Indebted- 
ness 35 

ARTICLE X. 

COUNTIES. 

New Counties 36 

Division of any County 36 

Attaching or Detaching Territory. 36 

Removal of a County Seat 36 

County Government 37 

Board of County Commissioners. . 37 

County Affairs in Cook County. . . 38 

County Officers — Terms of Office 38 

Salaries and Fees in Cook County 38 

Salaries fixed by County Board. . . 38 

Township Officers' Fees 39 

All Future Fees Uniform . . 39 

Sworn Report of All Fees 39 

ARTICLE XL 



§ 10. 
§n. 
§ 12. 

§i3- 
§14. 
§15. 



CORPORATIONS. 

Organization of Corporations 

Existing Charters 

Election of Directors or Managers 

Construction of Street Railways. . . 

State Bank Forbidden — General 
Law 

Liability of Bank Stockholder 

Suspension of Specie Payment. . . . 

Of a General Banking Law 

Railroad Office — Books and 
Records 

Personal Property of Railroads 

Consolidations 

Railroads Deemed Highways — 
Rates Fixed 

Stocks, Bonds, and Dividends 

Power over Existing Companies.. 

Freight and Passenger Tariffs Reg- 
ulated 



§1 



ARTICLE XII. 

MILITIA. 

PAGE 

Persons Liable to Military Duty. . . 43 
Organization — Equipment — Dis- 
cipline 43 

Officers 44 

Privileged from Arrest 44 

Records, etc., Preservation 44 

Exemption from Duty 44 

ARTICLE XIII. 

WAREHOUSES. 

Public Warehouses 44 

Sworn Weekly Statements Re- 
quired 44 

Examination of Property Stored. .. 45 

Carriers to Deliver Full Weight. . . . 45 

Delivery of Grain by Railroads. ... 45 

Warehouse Receipts 45 

Grain Inspection 45 

ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 



§ i. By a Convention 

§ 2. Proposed by the Legislature. 



46 
46 



SECTIONS SEPARATELY SUBMITTED. 



Illinois Central Railroad 47 

Municipal Subscriptions to Corporations 47 
Illinois and Michigan Canal 48 

SCHEDULE. 

§ 1. Laws in Force remain Valid 48 

§ 2. Fines, Penalties, and Forfeitures. .. 48 
§ 3. Recognizances, Bonds, Obliga- 
tions 48 

§ 4. County Courts 49 

§ 5. All Existing Courts Continued 49 

§ 6. Persons now in Office Continued. . . 49 

AMENDMENTS. 



42 First 57 

4 j Second 57 

43 Third 58 

Fourth 59 

43 Fifth 59 



63 



